Md. Afjal @ Md. Afjal Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71541 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Md. Afjal @ Md. Afjal Ali Son Of Md. Ali @ Md. Ahmad Ali Resident Of Village- Gausnager, P.S. Rajnager, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey For the State :
Mr. Pranav Kumar For the Informant :
Mr. Ravi Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 325, 354(A), 504, 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is said to have assaulted the informant by means of iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that both the parties are co-villager and there is dispute over a common passage. He further submits that the present case is
Patna High Court CR. MISC. No.71541 of 2023(5) dt.09-04-2024 2/3 nothing but counter blast of the Rajnager P.S. Case No. 141 of 2023 and just to sake the skin from the case of the petitioner the present case has been lodged against the petitioner. Petitioner has three criminal antecedents as mentioned in para3 of this application and in supplementary affidavit of this application.
5. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioner has suppressed his criminal antecedent.
6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajnager P.S. Case No. 150 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. However, the learned Court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bond. If it is found that the petitioner is involved in any
Patna High Court CR. MISC. No.71541 of 2023(5) dt.09-04-2024 3/3 other case prior to the present case, other than the cases mentioned in para-3 of the bail application and in supplementary affidavit of this application, his bail bond shall not be accepted.
(Anjani Kumar Sharan, J) anand/- U T