Md.Okil @ Md.Wakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81219 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== 1.

Md. Okil @ Md. Wakil Son Of Rafique @ Rafik Resident Of VillageRasidpur Navtol, P.S. Khajauli, District- Madhubani. 2.

Md. Shafique @ Safik Son Of Md. Ozeer Resident Of Village- Rasidpur Navtol, P.S. Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 324, 323, 307, 337, 354(B), 379, 504/34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that there is case and counter case between the parties and both sides sustained injury. The specific allegation is against petitioner no. 1 is that he assaulted the injured person namely Md. Gulzar on his head by means of sword and injury was found to be grievous

Patna High Court CR. MISC. No.81219 of 2023(2) dt.20-12-2023 2/2 in nature. Regarding petitioner no. 2, he is only the order giver. There is no specific overt act against petitioner no. 2.

4. Considering this fact and also that petitioner no. 1 is the author of grievous injury, I am not inclined to grant anticipatory bail to the petitioner no. 1.

5. Hence, the prayer for anticipatory bail of the petitioner no. 1 stands dismissed.

6. Learned APP for the State has opposes the prayer for bail.

7. Having regard to the facts and circumstances of the case and also petitioner no. 2, there is no specific overt act against petitioner no. 2, let the above named petitioner no. 2, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Khajauli P.S. Case No. 110 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T