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Patna High CourtCR. MISC./30693/2023allowed

Noor Alam @ Noor Alam Khan v. The State Of Bihar

2023-10-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30693 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- DAGARUA District- Purnia ====================================================== 1.

NOOR ALAM @ NOOR ALAM KHAN S/o- JAMAL KHAN VillageAmbedkar Nagar Po- Chitri Ps- Chitri Dist- Durgapur Rajasthan 2.

Md. Asad @ Asad Raja Sekh @ Asad Raja Son of Md. Noor Alam VillageAmbedkar Nagar Po- Chitri Ps- Chitri Dist- Durgapur Rajasthan 3.

Md. Mokim @ Makim @ Mokim son of Rajjak Mohalla- Dumra PoKanharia Ps- Dagarua Dist- Purnia 4.

Md. Tarikat @ Tarikat Alam son of Rajjak Mohalla- Dumra Po- Kanharia Ps- Dagarua Dist- Purnia 5.

Md. Rahmat @ Sk. Rahmat son of Jamaluddin Mohalla- Dumra PoKanharia Ps- Dagarua Dist- Purnia 6.

Hasan Manjar son of Abdul Kalam Mohalla- Dumra Po- Kanharia PsDagarua Dist- Purnia 7.

Md. Alauddidn @ Md. Sajjad son of Late Rajjak Mohalla- Dumra PoKanharia Ps- Dagarua Dist- Purnia 8.

Md. Quamal @ Md. Kumel son of Md. Sajjad Mohalla- Dumra PoKanharia Ps- Dagarua Dist- Purnia 9.

Sarafat @ Shekh Sarafat Mujib @ Sk. Sarafat son of Sk. Mujib Sarif Mohalla- Dumra Po- Kanharia Ps- Dagarua Dist- Purnia 10.

Gulam Gous @ Md. Gulam Gous son of Md. Gulab Mohalla- Dumra PoKanharia Ps- Dagarua Dist- Purnia ... ... Petitioners.

Versus

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

For the Petitioners :

Mr. N. K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for

Patna High Court CR. MISC. No.30693 of 2023(3) dt.09-10-2023 2/3 the offences punishable under Sections 143, 341, 323, 324, 379, 504 & 506 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners by forming an unlawful assembly having deadly weapons abused and assaulted the informant and his family members.

4. It is submitted by learned senior counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. It is further submitted that both sides have sustained grievous injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.30693 of 2023(3) dt.09-10-2023 3/3 connection with Dagarua P.S. Case No.144 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T