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Patna High CourtCR. MISC./24910/2022bail granted

Rahul Kumar v. The State Of Bihar

2022-05-18Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24910 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

RAHUL KUMAR @ Ravi Sharma Son of Suresh Sharma Resident of Village - Kawalpur, P.S. - Turkaulia, Dist.- East Champaran. 2.

Nurain @ Nurain Alam Son of Sk. Hoda Resident of Village - Kawalpur, P.S. - Turkaulia, Dist.- East Champaran.

3.

Anwarul @ Md. Anwarul Haque Son of Sk. Yakub Resident of Village - Shankar Saraiya Bankat, P.S. - Turkaulia, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Further, counsel for the petitioners is permitted to make necessary correction in the address column of the petitioners of the bail application in course of the day. The petitioners are apprehending their arrest in a case registered under Sections 341, 324, 379, 307, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.24910 of 2022(2) dt.18-05-2022 2/3 Prosecution case, in short, is that co-accused Ejaj Ahmad pointed gun o the head of the informant and co-accused Seraj Ahmad gave knife blow on the head of the informant, causing cut injury and bleeding. The petitioners assaulted the informant with lathi and hockey stick and snatched gold chain and Rs.25,000/- from his pocket.

It has been submitted on behalf of the petitioners that the petitioner Nos.2 and 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Specific allegation is against the co-accused, namely, Ejaj Ahmad and Seraj Ahmad.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East

Patna High Court CR. MISC. No.24910 of 2022(2) dt.18-05-2022 3/3 Champaran in connection with Turkauliya P.S. case No.47/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T