Md. Abbas @ Md. Avas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5590 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Md. Abbas @ Md. Avas Son Of Md. Harun R/O Village- Rasidpur, Ward No. 06, P.S.- Khajauli, Dist.- 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. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 337, 354(B), 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been 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 and both sides have sustained injury. He further submits that occurrence

Patna High Court CR. MISC. No.5590 of 2024(3) dt.21-03-2024 2/2 took place on 25.05.2023 and F.I.R. was lodged in 16.06.2023, after lapse of 21 days without any satisfactory explanation which creates serious doubt on the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the fact that there is delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned Court below where the case is pending/successor Court in connection with Khajauli P.S. Case No. 117 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T