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Patna High CourtCR. MISC./29559/2022allowed

Md. Sohrab v. The State Of Bihar

2022-09-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27997 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- PURAINI District- Madhepura ====================================================== MD. MAJAHAR SON OF LATE MD. MOHIUDDIN R/O-VILLAGESAPARDAH P.S.- PURAINI DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 29559 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- PURAINI District- Madhepura ====================================================== 1.

MD. SOHRAB SON OF MD TAHIR RESIDENT OF VILLAGESAPARDAH , P.S- PURAINI , DIST- MADHEPURA 2.

MD SAHNAJ @ MD SHAHNAWAZ SON OF MD TAHIR RESIDENT OF VILLAGE- SAPARDAH , P.S- PURAINI , DIST- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 27997 of 2022) For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan (In CRIMINAL MISCELLANEOUS No. 29559 of 2022) For the Petitioner/s :

Mr. Viveka Nand Singh For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within

Patna High Court CR. MISC. No.27997 of 2022(2) dt.06-09-2022 2/3 undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 353, 333, 332, 188, 171 (F), 504 & 506 of the Indian Penal Code.

The petitioners in association of several named coaccused and 40-50 unknown persons are said to have created ruckus and assaulted with the team members while they were discharging their official duty.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to party politics at the instance of their enemy. It is further submitted that from perusal of the F.I.R., it would also appear that the accused persons including these petitioners were not holding any arm in their hands. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The injuries are simple in nature. Similarly situated coaccused persons have been enlarged on anticipatory bail by this Court vide order dated 01.09.2022 passed in Cr. Misc. No.27048 of 2022. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.27997 of 2022(2) dt.06-09-2022 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Puraini P.S. Case No.203 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T