Md. Ejaj Khan @ Ejaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31318 of 2022 Arising Out of PS. Case No.-245 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Md. Ejaj Khan @ Ejaj Khan Son of Jalil Akhtar Resident of VillageFatahpur, P.S.-Sonbarsa, District-Sitamarhi-843317 2.

Md. Meraj Khan @ Meraj Khan Son of Jalil Akhtar Resident of VillageFatahpur, P.S.-Sonbarsa, District-Sitamarhi-843317 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar For the Opposite Party/s :

Mr. Rajeev Nayan App,231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 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 Sonbarsa P.S. Case no. 245 of 2021 instituted for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, it is a case of assaulting upon the informant by petitioners along with other accused persons by means of sword and knife.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is

Patna High Court CR. MISC. No.31318 of 2022(2) dt.22-11-2022 2/2 further submitted that the specific allegation of assaulting by means of knife is against co-accused Md. Nasir and not against these petitioners. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 19.10.2022 in Cr. Misc. No. 18873 of 2022.

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 Sonbarsa P.S. Case no. 245 of 2021, they 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 Additional Chief Judicial Magistrate-VII, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T