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Patna High CourtCR. MISC./78617/2023allowed

Md. Zakir v. The State Of Bihar

2023-12-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78617 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Md. Zakir Son Of Md. Abdul Hafiz Resident Of Village- Badar Banna, PsBahera, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 308, 379, 354(B), 504, 506 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the aunt of the informant and her family members by means of lathi, danda.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 21.07.2023 passed in Cr.

Patna High Court CR. MISC. No.78617 of 2023(2) dt.11-12-2023 2/2 Misc. No. 32143 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Bahera P.S. Case No. 237 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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