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Patna High CourtCR. MISC./37747/2022bail granted

Md. Meraj v. The State Of Bihar

2022-11-17Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37747 of 2022 Arising Out of PS. Case No.-658 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Md. Meraj Son Of Late Md. Saalu Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 2.

Md. Sameer @ Md. Manaur Son Of Late Md. Saalu Resident Of VillageKhoda Nagar, P.S.- Chhatauni, District- East Champaran 3.

Md. Mobin Son Of Late Md. Saalu Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 4.

Md. Sagir Son Of Late Md. Saalu Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 5.

Md. Sonu Son Of Late Md. Saalu Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 6.

Md. Sabir Son Of Late Md. Saalu Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 7.

Md. Lal Babu @ Md. Mustaq Ali Son Of Late Md. Jainuddin @ Md. Usman Resident Of Village- Khoda Nagar, P.S.- Chhatauni, District- East Champaran 8.

Md. Mohsin Son Of Md. Lal Babu @ Md. Mustaq Ali Resident Of VillageKhoda Nagar, P.S.- Chhatauni, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307/379/34 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that while the informant

Patna High Court CR. MISC. No.37747 of 2022(2) dt.17-11-2022 2/3 was on her shop, all the accused persons including the petitioners armed with weapons, came to the shop, called her dyne and started abusing her and on objection, on the order of petitioner no.1, petitioner no.3, 5 and 6 assaulted her, in consequence whereof informant and her son sustained injuries. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Present case is counter blast of Town Police Station Case No. 659 of 2021 lodged by petitioner no.1 against the family members of the informant. Parties are agnate and there is land dispute. It is also submitted that injuries caused by this petitioners have been found to be simple in nature. Learned counsel appearing for the State opposes the prayer for bail.

Considering the nature of allegation against the petitioners and the backdrop of the occurrence, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released 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 Chief Judicial Magistrate, Motihari, East Champaran in Motihari Town Police Station Case No. 658 of 2021, subject to the conditions laid down under

Patna High Court CR. MISC. No.37747 of 2022(2) dt.17-11-2022 3/3 sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T