Karimuddin @ Karimuddin Sah @Karinuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1463 of 2020 Arising Out of PS. Case No.-611 Year-2019 Thana- ARARIA District- Araria ====================================================== KARIMUDDIN @ KARIMUDDIN SAH @KARINUDDIN Son of Late Abbas Resident of Village- Gariya Chikni, Ward No.1, P.S. and Distt- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 447, 448, 341, 323, 324, 307, 380 of the Indian Penal Code.

Allegedly, all the accused persons having armed with deadly weapons, attacked on the informant and his family members. Allegation against this petitioner is of assaulting the informant with Farsa, as a result of which, the informant sustained injuries on his head, arm and back.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.1463 of 2020(3) dt.18-06-2020 2/2 tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 611 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T