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Patna High CourtCR. MISC./87952/2024allowed

Eisan @ Md. Ehsan @ Ehsan @ Mohammad Ehshan v. The State Of Bihar

2025-01-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87952 of 2024 Arising Out of PS. Case No.-451 Year-2017 Thana- ARARIA District- Araria ====================================================== Eisan @ Md. Ehsan @ Ehsan @ Mohammad Ehshan Son of Mohammad Najmul @ Md. Nazrul R/o Village - Azad Nagar, Ward No.- 20, P.S.- Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria P.S. Case No. 451 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.

3. The case of the prosecution is that this petitioner has assaulted with dabia on the head of the son of the informant, though there is allegation against other petitioners regarding assault to the Anjar (son of the informant).

4. Learned counsel appearing on behalf of the petitioner has submitted that from perusal of the injury report it is clear that the Anjar has received two cut injuries; one on his forehead and

Patna High Court CR. MISC. No.87952 of 2024(2) dt.10-01-2025 2/2 second is on left forearm. The nature of injury caused by the appellant is simple. There is no repetition of blow and all other accused persons have been granted anticipatory bail by the trial court itself. Petitioner is having one criminal antecedent in which he is on bail.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria P.S. Case No. 451 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T