Md. Umar @ Md. Umar Ali @ Umar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4260 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== Md. Umar @ Md. Umar Ali @ Umar Ali Son Of Late Farooque Sah R/O Village- Kalasan, Ward No. 04, P.S.- Chousa, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 1.

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 341, 323, 324, 307, 379, 354B, 506, 504 and 34 of the Indian Penal Code. 3.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that on account of dispute relating to boundary, the present occurrence is alleged to have taken place wherein the informant alleges that the petitioner and Md. Ali assaulted with sword causing injury on the right hand of the informant, thereafter the petitioner and Altab disrobed the wife of the informant. The learned counsel next submits that petitioner is father of Md. Ali and he has been falsely implicated in the

Patna High Court CR. MISC. No.4260 of 2024(2) dt.15-02-2024 2/2 present case. It is next submitted that allegation of assault is also general and omnibus. It is further submitted that even presuming what has been alleged is true, without admitting, then the injury suffered by the injured is simple in nature and the allegation of assault is not specific.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Chousa P.S. Case No. 95 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T