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Patna High Court/33127/2023allowed

Md Nafraj Alam @ Md Nafralli @ Nafraj Alam v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33127 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== 1.

Md Nafraj Alam @ Md Nafralli @ Nafraj Alam Son Of Ali Hassan Resident Of Village- Ekdara, Ps- Budhuchak, Distt- Bhagalpur 2.

Md. Ekram @ Sekh Ekram Son Of Late Sekh Mubarak Resident Of VillageEkdara, Ps- Budhuchak, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 448, 379, 504 and 506 of the Indian Penal Code, later on Section 302 of the IPC was also added.

3. As per the prosecution case, the petitioners along with other accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.33127 of 2023(2) dt.21-07-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. He submits that merely on the basis of some previous land dispute, the petitioners have falsely been implicated in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. 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 Budhuchak P.S. Case No.21 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T