Manzoor @ Md. Manzoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74813 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- TARABARI District- Araria ====================================================== Manzoor @ Md. Manzoor S/O Md. Usman Resident of Village- Jamuwa, Ward No.- 09, Police Station- Tarabari, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Tarabari P.S. Case No. 62 of 2024, registered on 12.05.2024 for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 307, 354-B, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 21 named individuals (including the present petitioner) and 25-30 unknown accused persons. It is alleged that the petitioner, along with the other accused persons, brutally assaulted the informant and his relatives, causing injuries to their head and chest.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74813 of 2024(3) dt.22-01-2025 2/3 petitioner is innocent and has committed no offence. Counsel further submits that one criminal case is pending against the petitioner, in which he is pursuing bail, and the said bail application has been filed by the relatives of the informant with the intention of making the offence appear more grievous. Counsel also submits that, from the contents of the FIR, it is evident that the cause of the dispute was the payment method for ice-cream purchased from a vendor. While the petitioner's side had purchased the ice-cream, they intended to pay with rice instead of cash.
Counsel further submits that the injury report annexed to the bail application describes the injuries as grievous in nature, caused by a hard and blunt substance, whereas in the FIR it has been specifically alleged that the petitioner was armed with a bhala. Counsel for the petitioner also submits that there are case and counter-case from both the sides for the same date and place of occurrence with injuries caused to both sides. The cases have been registered as Tarabari P.S. Case No. 62 of 2024 and Tarabari P.S. Case No. 63 of 2024 respectively.
5. Learned APP for the State opposes the prayer for bail and fairly submits that the cause of the dispute arises from the purchase of ice-cream from a vendor.
6. In the present facts and circumstances, let the above
Patna High Court CR. MISC. No.74813 of 2024(3) dt.22-01-2025 3/3 named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class/Successor Court, Araria in connection with Tarabari P.S. Case No. 62 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Aman Kumar/- U T