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Patna High CourtCR. MISC./22694/2022allowed

Lalbabu Khan v. The State Of Bihar

2022-08-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22694 of 2022 Arising Out of PS. Case No.-11 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

LALBABU KHAN Son of Laqte Dhani Lal Khan @ Id Mahammad Khan Resident of Village - Somgarh, P.s.- Sathi, Distt.- West Champaran. 2.

Anil Paswan Son of Mahanth Paswan Resident of Village - Somgarh, P.s.- Sathi, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioners 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. Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 342, 323, 379, 365, 504, 34 IPC. The FIR named accused persons including the petitioners are said to have snatched the motorcycle of the petitioner, assaulted him and confined him in a room for two days, where they took his signature on a blank paper.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.22694 of 2022(2) dt.25-08-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. 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. Several similarly situated coaccused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 09.03.2022 passed in Cr. Misc. No.18435 of 2021.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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 court below where the case is pending/Successor Court in connection with Sathi P.S. Case No.11 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T