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Patna High CourtCR. MISC./25413/2023allowed

Md.Jahangeer v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25413 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== 1.

MD.JAHANGEER SON OF LATE MD. FURKAN RESIDENT OF VILLAGE- BARNAR, JAMUNIYA, PS- BABUBARHI, DISTTMADHUBANI 2.

MD. JAHID SON OF MD. SALTAN ANSARI RESIDENT OF VILLAGEBARNAR, JAMUNIYA, PS- BABUBARHI, DISTT- MADHUBANI 3.

MD. AJIJUR RAHMAN @ AZIZUL RAMAN (MASTER) SON OF LATE MD. RAMJU ANSARI RESIDENT OF VILLAGE- BARNAR, JAMUNIYA, PS- BABUBARHI, DISTT- MADHUBANI 4.

MD AFROZ @ MD. AFROJ ANSARI SON OF MD. FIROZ ANSARI RESIDENT OF VILLAGE- BARNAR, JAMUNIYA, PS- BABUBARHI, DISTT- MADHUBANI 5.

MD. SULTAN SON OF RAMJAN ALIA RESIDENT OF VILLAGEBARNAR, JAMUNIYA, PS- BABUBARHI, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 447, 448, 354, 379, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including these petitioners are said to have assaulted the informant and snatched Rs. 35,000/- from him. They entered the house of the

Patna High Court CR. MISC. No.25413 of 2023(3) dt.21-07-2023 2/3 informant and took away all the articles from his house and set his house on fire. They also tried to outrage the modesty of the informant's sister.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have sustained injuries and injuries were found simple in nature, which is also mentioned in para 10 of the bail application. 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, as both sides have sustained injuries and all the injuries were found simple in nature, 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

Patna High Court CR. MISC. No.25413 of 2023(3) dt.21-07-2023 3/3 to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Babubarhi P.S. Case No. 22 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T