Md. Hasnain @ Hasnain Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80679 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Md. Hasnain @ Hasnain Mian, aged about 50 years, Male, Son of Late Wajul Haque R/o village- Amodei, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Krishna Kant Singh, learned counsel appearing on behalf of the petitioner and Mr. Surendra Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Ramgarhwa P.S. Case No. 157 of 2022 registered for the offence punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner along with other accused persons named therein had assaulted the informant and his family members. Specific allegation against the petitioner is that he had assaulted on the eye of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is nowhere concerned with the alleged incidence, rather he has been roped in the present case being the father-in-law of Noore Nabi, against whom the specific allegation
Patna High Court CR. MISC. No.80679 of 2023(2) dt.10-01-2024 2/2 of assault on the left hand of the informant has been made. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 S.D.J.M., Raxaul, East Champaran, Motihari, in connection with Ramgarhwa P.S. Case No. 157 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J) Niraj/- U T