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Patna High CourtCR. MISC./25349/2023bail granted

Md. Ahmad Ali Ashraf @ Md. Ali Ashraf v. The State Of Bihar

2023-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25349 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD. AHMAD ALI ASHRAF @ MD. ALI ASHRAF Son of Md. Ali Imam R/o Ward no. 32, Sadpura Kila Masjid, Mushari Muzaffarpur Bihar 842002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vipin Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 452, 341, 323, 307 & 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is said to have made scuffle with informant's brother-in-law and was threatening the informant and his family members.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, neither the petitioner was present at the place of occurrence

Patna High Court CR. MISC. No.25349 of 2023(2) dt.11-07-2023 2/2 nor he has given any threatening to the petitioner or his family members. There is no allegation of firing against the petitioner. There is admitted land dispute between the parties and in order to set the goal the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Kazi Mohammadpur P.S. Case No. 17 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