Md. Anawarul @ Md. Anwarulhak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55340 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Md. Anawarul @ Md. Anwarulhak, son of Md. Suleman, resident of VillageManikpur, P.S.- Madhuwan, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 447, 504 and 506 of the Indian Penal Code. The prosecution case, in short, is that while the brother of the informant was at his house, the accused persons came and assaulted him due to which he sustained injury. Other family members were also assaulted by them.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties. The injury on the accused side has not been explained by the
Patna High Court Cr.Misc. No.55340 of 2018(3) dt.09-10-2018 2/2 prosecution. The prosecution has not come with clean hands. As per the allegation, the petitioner and co-accused Mustafa said to have assaulted Md. Sajib. From the injury report, it appears that there is only one injury. The injury report does not support the allegations made in the F.I.R. Other co-accused has been granted anticipatory bail vide order dated 14.8.2018 passed in Cr. Misc. No. 50158 of 2018.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th A.C.J.M., East Champaran at Motihari in connection with Madhuban P.S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T