Happy Mian @ Adil Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18665 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.
HAPPY MIAN @ ADIL ALI Son of Raju Ahmad Resident of village - Maldahiya Pokhriya, Police Station - Shikarpur, District - West Champaran. 2.
Md. Imran @ Imran Ahmad @ Imran Alam @ Imrayan Ahmad Son of Doctor Soeel @ Ishteyaque Ahmad Resident of village - Maldahiya Pokhriya, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bashishtha Narayan Mishra, Advocate Mr. Avinash Raj, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Mr. Bashishtha Narayan Mishra, learned counsel appearing on behalf of the petitioner and Mr. Dinesh Singh, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 301 of 2022, registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the accused persons named in the F.I.R., including the petitioners, gave knife blow on the head and shoulder of the informant and also snatched Rs. 25,000/- from the pocket of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18665 of 2023(2) dt.12-06-2023 2/2 petitioners submitted that there is general and omnibus allegation against the petitioners that they have assaulted the informant. The petitioners have clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made by the parties as well as the allegation made in the F.I.R. which appears to be general and omnibus in nature so far as the present petitioners are concerned. I am of the opinion that the petitioners have made made out a prima facie case to be released on pre-arrest bail.
7. 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 301 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Purnendu Singh, J) manish/- U T