Md. Arif @ Md. Aarif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80703 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- BALIA BELON District- Katihar ====================================================== Md. Arif @ Md. Aarif Son of Late Sattar Resident of Bijhora P.S.- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504, 506/34 and 307 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have assaulted the informant on her head by means of knife.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties. He further submits that

Patna High Court CR. MISC. No.80703 of 2024(2) dt.20-12-2024 2/2 there is delay of eight days in lodging the F.I.R., without being any reasonable explanation, which creates serious doubt on the prosecution case. The petitioner has no criminal antecedent and has been languishing in custody since 27.07.2024.

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

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Balia Belon P.S. Case No. 34 of 2024, subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

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