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Patna High CourtCR. MISC./35916/2022allowed

Md Jamil Ahmad @ Jamil v. The State Of Bihar

2022-09-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35916 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- MANER District- Patna ====================================================== 1.

MD JAMIL AHMAD @ JAMIL Son of Basirul Haq Resident of Village - Wajidpur, P.S.- Maner, District - Patna.

2.

Md. Rinku @ Md. Sarique Nesar Son of Md. Nesar Resident of Village - Bank, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Helal Ahmad For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 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 147, 341, 323, 307 and 379 of the Indian Penal Code. Petitioners along with other co-accused armed with gun and rifles abused started firing with an intention to kill the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.35916 of 2022(2) dt.28-09-2022 2/2 case. He submits that there is specific overt act against the coaccused Animul Haque. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner no.1 has one criminal antecedent and petitioner no.1 has no 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 and the fact that there is general and omnibus allegation against the petitioners, let 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 Maner P.S. Case No. 238 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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