Md. Jishan @ Kadua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83680 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Md. Jishan @ Kadua Son of Md. Chand Miyan@ Chainees Miyan @ Chand Resident of Village- Bari Dargah, Ward No. 09, Purani Bazar, P.S.- Lakhisarai, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Lakhisarai P.S. Case No.180 of 2024 dated 04.03.2024 instituted for the offence punishable under Section 448, 341, 323, 308, 379/34 the Indian Penal Code.

3. The prosecution case, in short, is that the accused persons named in the FIR entered the house of the informant and assaulted the informant by iron rod due to which the informant received eight stitches in Sadar Hospital, Lakhisarai. Course of occurrence is that the accused person were forbidden from peeping into the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.83680 of 2024(2) dt.11-12-2024 2/2 case. It appears from the F.I.R. that there is no specific allegation against the petitioner rather there is general and omnibus allegation against the petitioner. Further submits that both the parties are neighbour and due to fight between children occurrence took place and there is case and counter case. The counter case has been lodged by Gauri Khatoon bearing Lakhisarai P.S. Case No.184 of 2024. It is next submitted that the injuries are simple in nature. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lakhisarai P.S. Case No.180 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Prakash Narayan U T