Md. Mubarak @ Md. Mubarak Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86016 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Md. Mubarak @ Md. Mubarak Hussain son of Md. Vasi Ahmad @ Ausi Ahmad Village- Ramjani ward no. 5, Ps- Janki Nagar District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jankinagar P.S. Case No. 136 of 2024, dated 14.04.2024, lodged under Sections 341, 323, 324, 325, 307, 379/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner. Specific allegation against the petitioner is that he has assaulted by sword on the head of the informant due to which injury has been caused and bleeding has started.

Patna High Court CR. MISC. No.86016 of 2024(3) dt.13-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean. Counsel for the petitioner also submits that the petitioner and the informant are well known to each other and on small issues, scuffling took place due to which injury has been caused and false case has been lodged. He further submits that a compromise petition has also been filed between both the parties.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is allegation of an injury and case diary has come and from the case diary, injury reports describes that four injuries are there.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the

Patna High Court CR. MISC. No.86016 of 2024(3) dt.13-05-2025 3/3 Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Sudhanshu/- U T