Rustam @ Md Rustam Pamriya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2467 of 2024 Arising Out of PS. Case No.-73 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Rustam @ Md Rustam Pamriya S/o - Rizwan Pamriya R/O - Village - Deep, P.s -Lakhanour, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav Mr. Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard the parties.
2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379, 354, 504, 506, 34 of the Indian Penal Code.
3. Allegedly, on account of a dispute, the petitioner along with other co-accused persons assaulted the informant and his family members by means of several weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.2467 of 2024(2) dt.08-02-2024 2/2 omnibus in nature. The occurrence took place on 10.03.2022 and the FIR was lodged on 27.04.2022 i.e. after a delay of one month and seventeen days without giving any credible explanation regarding the said delay which creates a doubt over the correctness of the prosecution story. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering the delay in lodging the FIR, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Lakhnaur (R.S.O.P.) P.S. Case No.73 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T