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Patna High CourtCR. MISC./32087/2023bail granted

Bhola Miya @ Ajij Ahmad v. The State Of Bihar

2023-07-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32087 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Bhola Miya @ Ajij Ahmad Son of Late Kushi Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 2.

Reyaj Miya Son of Late Islam Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 3.

Mumtaj Alam Son of Bhola Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 4.

Manir Miya Son of Late Kushi Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 5.

Molang Miya @ Majeed Miyan @ Molan Miya @ Majeed Miya Son of Late Kushi Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 6.

Kalam Miya Son of Late Kamaruddin Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran 7.

Jahid Hussain Son of Ayub Miya Resident of village - Govindpur, P.S. - Harsidhi, Distt. - East Champaran ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/354B/379/504 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, when the informant was constructing wall in her land, all the FIR named accused persons including the petitioners came there and abused and

Patna High Court CR. MISC. No.32087 of 2023(2) dt.20-07-2023 2/2 assaulted the informant and his mother.

4. Petitioners are alleged to have abused and assaulted the informant with fists. Allegation of assault is general against them. Petitioners claim clean antecedent. Co-accused, with similar allegation, have already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 27764 of 2023.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Harsidhi Police Station Case No. 461 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T