Gufran Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6420 of 2022 Arising Out of PS. Case No.-1 Year-2021 Thana- LAURIA District- West Champaran ====================================================== 1.

GUFRAN AHMAD Son of Late Haroon Resident of Village - Deurwa, Devraj, P.S.- Lauriya, Distt.- West Champaran. 2.

KASIM AHMAD @ QASEEM AHMAD Son of Late Imran Resident of Village - Deurwa, Devraj, P.S.- Lauriya, Distt.- West Champaran. 3.

MAJTABA RASID @ CHOOTAK @ MUSTABA Son of Late Haroon Resident of Village - Deurwa, Devraj, P.S.- Lauriya, Distt.- West Champaran.

4.

MD SOAIB @ SOAIB Son of Elmuddin Resident of Village - Deurwa, Devraj, P.S.- Lauriya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP Mr.Umesh Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323,

Patna High Court CR. MISC. No.6420 of 2022(2) dt.28-07-2022 2/3 324, 307, 379, 504, 34 of the Indian Penal Code. Allegedly, the FIR named accused persons including the petitioners have indiscriminately assaulted the informant's side by means of various weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to previous enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties, in which both sides have sustained grievous injuries. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, since there case and counter case between the parties and the both sides have sustained grievous injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.6420 of 2022(2) dt.28-07-2022 3/3 25,000/- (Rupees Twenty Five Thousand) each 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 Lauriya P.S Case No.01 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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