The court must consider the facts and circumstances of each case when deciding whether to grant anticipatory bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29241 of 2021

Arising Out of PS. Case No.-206 Year-2020 Thana- POTHIYA District- Kishanganj

======================================================

MANSOOR ALAM SON OF MD. JAFIRUDDIN R/O VILLAGE-

KOIMARI, P.S.- POTHIYA, DISTRICT- KISHANGANJ.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Radha Mohan Singh

For the Opposite Party/s :

Mrs.Nirmala Kumari

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

03-01-2022

Heard the parties.

Learned counsel for the petitioner is directed to remove

the defects as pointed out by the office within a period of four

weeks. In the eventuality of non-removal of defects within the

stipulated time, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case in

connection with Pothiya P.S. Case No.206 of 2020, registered

for the offence punishable under Sections 147, 148, 149, 341,

323, 307, 354, 354(b), 504, 506 and 379 of the IPC.

The allegation against the petitioner is that all the FIR

named accused persons including the petitioner with an

intention to kill the informant, who was carrying pregnancy of

five months, have assaulted her and snatched the gold chain

and earrings. It is alleged that they also assaulted the brothers-

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in-law of the informant by means of iron rod.

It is submitted by learned counsel for the petitioner that

petitioner is quite innocent and has committed no offence. He

has been falsely implicated in this case. There is case and

counter-case between the parties for the same occurrence and

the present case is the counter blast of Pothiya P.S. Case

No.205 of 2020, which was filed by the petitioner against the

informant’s husband. The allegation leveled against the

petitioner is not specific rather general and omnibus in nature.

Both sides have sustained injuries and as per the injury report

of the informant side, the injuries are simple in nature.

Petitioner has no criminal antecedent, as also mentioned in

para-3 of the anticipatory bail application.

Learned APP for the State opposed the prayer for

anticipatory bail.

Having regard to the facts and circumstances of the

case, let the above named petitioner, be released on bail, in the

event of his 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

Patna High Court CR. MISC. No.29241 of 2021(2) dt.03-01-2022

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Court in connection with Pothiya P.S. Case No.206 of 2020,

subject to the conditions as laid down under Section 438(2) of

the Cr.P.C.

pallavi/-

(Anjani Kumar Sharan, J)

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