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Patna High CourtCR. MISC./35579/2023bail granted

Bibi Kulsum v. The State Of Bihar

2023-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35579 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- PALASI District- Araria ====================================================== 1.

Bibi Kulsum Wife Of Badruddin Resident Of Village - Farsadangi, P.S. - Palasi, Distt. - Araria 2.

Badruddin Son Of Late Ishak Resident Of Village - Farsadangi, P.S. - Palasi, Distt. - Araria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Ms/Mrs. Sharda Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 224, 353, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.

3. Prosecution case in brief is that all the 12 FIR named accused persons including petitioners and 10-15 unknown persons attacked the police party and obstructed them in their discharge of their official duty, while they were conducting raid to arrest accused persons of Palasi Police Station Case No. 167 of 2021.

Patna High Court CR. MISC. No.35579 of 2023(2) dt.21-07-2023 2/2

3. It is submitted on behalf of these petitioners that there is general and omnibus allegation against them. No specific overt act has been alleged against these petitioners. Petitioners have got no concern with the accused persons of Palasi PS Case No. 167 of 2021. Petitioners claim clean antecedents. Co-accused, with similar allegation, have already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 19131/2023.

4. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Additional Chief Judicial Magistrate Ist, Araria in connection with Palasi P.S. Case No. 232 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Shashi (Prabhat Kumar Singh, J) U T