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Patna High CourtCR. MISC./58389/2017bail granted

Ikramul Hasan @ Akramul Hasan v. The State Of Bihar

2018-01-19Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58389 of 2017 Arising Out of PS.Case No. -595 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Ikramul Hasan @ Akramul Hasan son of Noorhasan Ansari Resident of Village - Barakagaon, P.S. - Belaon, District - Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.58411 of 2017 Arising Out of PS.Case No. -595 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Raja Rayeen son of Badaru Rayeen @ Badruddin Raien Resident of Village - Bhabua Ward No. 10, Chhawani Mohalla, P.S. - Bhabua, District - Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.58389 of 2017) For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Ram Naresh Ray (In Cr.Misc. No.58411 of 2017) For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2018 Both the Criminal Miscellaneous are of the same case and as such have been heard together and are being disposed of by passing this common order.

Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

Patna High Court Cr.Misc. No.58389 of 2017 (3) dt.19-01-2018 2/3 In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bhabua P.S. Case No. 595 of 2017 for the offences punishable under sections 341, 323, 324, 307, 504 and 34 of the I.P.C.

Allegedly, the petitioners and other co-accused came at the shop of the informant being armed with knife, danda and sword and badly assaulted the informant and also caused threats to him.

Submission is of false implication and that the petitioners have got no criminal antecedents, the informant has sustained simple injury on his person, there is no independent witness, the place of occurrence is said to be situated in the populated area, no nearby person has been examined, the petitioner Raja Rayeen has been implicated due to political rivalry, no offence under section 307 of the I.P.C. is made out and there is no specific allegation against the petitioners. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners, but fairly submits that the injury received by the informant is simple in nature.

In the facts and circumstances stated above, considering the injury report, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of

Patna High Court Cr.Misc. No.58389 of 2017 (3) dt.19-01-2018 3/3 receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Kaimur at Bhabua in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T