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Patna High CourtCR. MISC./38823/2023allowed

Abdul Rauf @ Rauf Khan @ Abdul Rauf Khan v. The State Of Bihar

2023-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38823 of 2023 Arising Out of PS. Case No.-266 Year-2022 Thana- KHAIRA District- Saran ====================================================== ABDUL RAUF @ RAUF KHAN @ ABDUL RAUF KHAN SON OF LATE FARID KHAN RESIDENT OF VILLAGE - MANPUR, P.S. - KHAIRA, DISTRICT - SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 506, 379, 34 of the IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner are said to have surrounded the informant and abused him. It is alleged that petitioner and others snatched Rs.7,000/- cash, gold chain and mobile from the informant and damaged the mobile, vehicle and motorcycle.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.38823 of 2023(2) dt.03-08-2023 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, three F.I.R. have been lodged by three different person and all the three F.I.R. is annexed with the bail petition. There was prior election dispute between the parties. Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Khaira P.S. Case No.266/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T