Md. Hasrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80779 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- NAWADA District- Nawada ====================================================== Md. Hasrat Son Of Late Md. Sahabuddin R/O Vill - Balwapar Kawakol, P.S. - Kawakol, Distt. - Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nawada (Bundelkhand) P.S. Case no. 342 of 2022 instituted for the offence under Sections 341, 504, 506, 307, 323, 325, 447/34 of the Indian Penal Code. Allegation against the petitioner and other coaccused persons is that they assaulted the informant's friend namely, Md. Istiyaque Alam due to which he sustained head injuries and in course of rescuing his friend, informant also sustained injuries.

Patna High Court CR. MISC. No.80779 of 2023(4) dt.02-05-2024 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. There is case and counter case between the parties. The allegation levelled against the petitioner is general and omnibus. Good sense has been prevailed between the parties and a compromise petition has been filed in this regard, which has been annexed as Annexure 3 of this petitioner. Learned A.P.P. vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nawada (Bundelkhand) P.S. Case no. 342 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.80779 of 2023(4) dt.02-05-2024 3/3 Nawada, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T