Farhat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71012 of 2022 Arising Out of PS. Case No.-280 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== FARHAT HUSSAIN Son of Late Motab Miyan Resident of Dihi Dhabelwa, P.S- Jogapatti, Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP For the Informant :

Mr.Vijay Kumar Singh No.1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 341, 324, 307, 337, 504, 379 of the Indian Penal Code.

Allegedly, all the F.I.R. named accused persons including the petitioner assembled and on the order of petitioner, other accused persons caught hold the hand of informant's cousin and one Ashif Ansari gave farsa blow.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.71012 of 2022(2) dt.14-03-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties. Petitioner is only the order giver and the injury was found to be simple in nature. Petitioner has one criminal antecedent and similarly situated co-accused has been granted bail vide order dated 25.02.2023 passed in Cr. Misc. No.59361 of 2022.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to 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 Jogapatti P.S. Case No.280 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T