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Patna High CourtCR. MISC./18831/2022allowed

Md. Badruddin Khan @ Badruddin Khan v. The State Of Bihar

2022-09-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18831 of 2022 Arising Out of PS. Case No.-240 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Md. Badruddin Khan @ Badruddin Khan Son Of Moshim Khan Resident Of Village - Madhopur, P.S.- Chhatapur, District - Supaul 2.

Alam Khan @ Md. Alam Son of Md. Badruddin Khan @ Badruddin Khan Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul 3.

Sah Alam Son of Md. Badruddin Khan @ Badruddin Khan Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul 4.

Salim Khan Son of Shankar Khan Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul 5.

Md. Seraj Son of Ajim Khan Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul 6.

Islamuddin Khan @ Md. Islamuddin Khan @ Md. Islamuddin Son of Moshim Khan Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul 7.

Jahangir Khan @ Jahangir Alam Son of Islamuddin Khan @ Md. Islamuddin Khan @ Md. Islamuddin Resident of Village - Madhopur, P.S.- Chhatapur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.18831 of 2022(2) dt.20-09-2022 2/3 It is a case of murder of informant's husband by the accused persons including the petitioners. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. It is further submitted that there is general and omnibus allegation against the petitioners and no specific allegation of assault is against the petitioners. The specific allegation is against co-accused Moti Khan who is not petitioner before this Court. It is also submitted that after completing the investigation, the petitioners were not sent up for trial but differing with the final form, cognizance has been taken. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.18831 of 2022(2) dt.20-09-2022 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Supaul in connection with Chhatapur P.S. Case No. 240 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T