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Patna High CourtCR. MISC./45500/2021allowed

Azad Ahmad v. The State Of Bihar

2022-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45500 of 2021 Arising Out of PS. Case No.-216 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Azad Ahmad Son of Ferakul Azam Resident of Village - Pakdi, Police Station - Ram Nagar, District - West Champaran. 2.

Seraj Ahmad Son of Ferakul Azam Resident of Village - Pakdi, Police Station - Ram Nagar, District - West Champaran. 3.

Neyaj Ahmad Son of Ferakul Azam Resident of Village - Pakdi, Police Station - Ram Nagar, District - West Champaran. 4.

Misrun Nesa relation not known Resident of Village - Pakdi, Police Station - Ram Nagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 504, 506, 354/34 of the Indian Penal Code and Section 67(A) of I.T. Act as well as under Section 13 (c) of the POSCO Act. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and

Patna High Court CR. MISC. No.45500 of 2021(4) dt.21-07-2022 2/2 omnibus allegation levelled against the petitioners. There is specific allegation against co-accused Md. Imran. He submits that the police after investigation filed final form against the petitioners but the learned court below taken cognizance against them on the basis of case diary. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case as well as the fact that the police has filed the final form against the petitioners, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Ram Nagar P.S. Case No. 16 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T