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Patna High CourtCR. MISC./28455/2022bail granted

Azad Khan v. The State Of Bihar

2022-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28455 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- KANGLI District- West Champaran ====================================================== 1.

AZAD KHAN S/o Late Nekmohammad Khan R/o village- Sabaithwa, P.S.- Kangali, District- West Champaran 2.

SAHIL KHAN S/o Azad Khan R/o village- Sabaithwa, P.S.- Kangali, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kangli P.S. Case no. 49 of 2021 instituted for the offence under Sections 341, 323, 379, 387, 504, 506, 34 of the Indian Penal Code.

As per allegation in the FIR, when the informant went to his agricultural filed then accused persons along with petitioners came and started abusing and assaulting him by fists and slaps. It is further alleged that they asked for extortion money from him and threatened to kill him.

Patna High Court CR. MISC. No.28455 of 2022(2) dt.18-10-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. It is further submitted that there is no recovery of demanded extortion money and they have falsely been implicated in this case. Injury sustained by the informant is simple in nature.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kangli P.S. Case no. 49 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Class, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U