Arif Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86133 of 2023 Arising Out of PS. Case No.-36 Year-2022 Thana- THAWE District- Gopalganj ====================================================== 1.

Arif Hussain Son Of Nasim Ali (WRONGLY Mentioned In Fir As 25 Years), Resident Of Village - Amaithi Khurd, Police Station - Thawe, District - Gopalganj 2.

Manir Ali @ Manir Alam Son Of Samim Ahmad @ Shamim Akhtar (WRONGLY Mentioned In Fir As 25 Years), Resident Of Village - Amaithi Khurd, Police Station - Thawe, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

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

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.86133 of 2023(2) dt.18-01-2024 2/2 there is case and counter case between the parties and both sides have sustained injuries and the injuries were found simple in nature. He further submits that after investigation the police has submitted final form against the petitioners but the learned Court below differed the final form and took cognizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Thawe P.S. Case No.36 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T