Patna High CourtCR. MISC./86039/2023allowed

Afsar Ali @ Afsar Jamal v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86039 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Afsar Ali @ Afsar Jamal S/O Khurshed Master @ Khurshid Ahmad R/O Village- Semrahiya, P.S. Chhauradano District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case in connection with Chhauradano P.S. Case No. 228 of 2023, registered for the offences punishable under Sections 341, 323, 342, 308, 379, 504, 34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioner and other co-accused is of assaulting the informants and also snatched Rs. 10,000/- from him.

4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application. There is no specific overt act

Patna High Court CR. MISC. No.86039 of 2023(2) dt.18-01-2024 2/2 against the petitioner rather there is general and omnibus allegation against the petitioner. He further submits that from perusal of the impugned order, injury was found to be simple in nature. He further submits that petitioner and informant are next door neighbours.

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

6. Having regard to the facts and circumstances of the case and also injury was found to be simple in nature, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Chhauradano P.S. Case No. 228 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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