Patna High CourtCR. MISC./73333/2023bail granted

Md Irshad v. The State Of Bihar

2024-02-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73333 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== MD IRSHAD S/O MD SADIK VILLAGE- LAKSHMINYA, PS. ALAMNAGAR, DIST. MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Uday Chand Prasad, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 447, 448, 385, 420, 354B, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, this petitioner, along with other accused persons, is alleged to have entered into the room of the informant and tried to molest her on gun point.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent and has committed no offence and due to a petty dispute, this false and concocted case has been lodged. It is next submitted that as per F.I.R., the date of occurrence is 23.03.2023 whereas the F.I.R.

Patna High Court CR. MISC. No.73333 of 2023(3) dt.29-02-2024 2/2 has been lodged on 06.04.2023, after delay of fourteen days, without any explanation for the same. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, delay in lodging of the F.I.R. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Udakishunganj, Madhepura, in connection with Alamnagar P.S. Case No.94 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T