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Patna High CourtCR. MISC./21985/2022bail granted

Md. Kaisar @ Md. Kesher v. The State Of Bihar

2022-11-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21985 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- DAGARUA District- Purnia ====================================================== 1.

Md. Kaisar @ Md. Kesher Son Of Mehruddin Resident Of Village - Ladawa, P.S.- Dagarua, Distt.- Purnea.

2.

Md. Samir @ Md. Samim Son Of Shamsul Resident Of Village - Aamouna P.S.- Dagarua, Distt.- Purnea.

3.

Muddhi @ Md. Muddhi Son Of Nsiruddin Resident Of Village - Dararua, P.S.- Dagarua, Distt.- Purnea.

4.

Mojib @ Md. Mojim Son Of Nasiruddin Resident Of Village - Dararua, P.S.- Dagarua, Distt.- Purnea.

5.

Md Manjar @ Md. Manjur Alam Son Of Md. Jamil Resident Of Village - Dararua, P.S.- Dagarua, Distt.- Purnea.

6.

Md. Sarwar Son Of Md. Jamil Resident Of Village - Dararua, P.S.- Dagarua, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP For the Informant :

Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners, learned APP for the State, learned counsel for the Informant and perused the case diary.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code. Allegedly, it is a case of assault upon the informant and others, due to which, they sustained injuries.

Patna High Court CR. MISC. No.21985 of 2022(4) dt.17-11-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is case and counter case between the parties and both parties have sustained injuries, as alleged, in separate occurrence. He further submits that the main allegation of assault is against co-accused Md. Jamil and not against these petitioners. He further submits that the doctor has opined that the injury of injured is simple in nature. Petitioners have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Dagarua P.S. Case No. 286 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T