Md. Irshad Ali @ Md. Irshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76401 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Md. Irshad Ali @ Md. Irshad Alam Son of Md. Ashfak Ali @ Md. Ashfak Alam R/O Vill.- Kajiyana, P.S.- Sakri, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 126 (2), 115 (2), 117 (2), 303 (2), 352, 351 (3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The petitioner is said to have assaulted the informant on his head by means of gandasa.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, on the date of occurrence, there was festival of Muharram, which has itself been celebrated with sharp edge weapon by the Muslim community and during course of procession the

Patna High Court CR. MISC. No.76401 of 2024(2) dt.12-11-2024 2/2 informant sustained injury in public movement and due to old enmity the petitioner has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both sides have filed cases against each other. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. 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 Sakri P.S. Case No. 155 of 2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Anjani Kumar Sharan, J) Trivedi/- U T