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Patna High CourtCR. MISC./47253/2021allowed

Ashmohammad Miyan v. The State Of Bihar

2022-04-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47253 of 2021 Arising Out of PS. Case No.-836 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

ASHMOHAMMAD MIYAN Son of Late Ishu Mian Resident of VillageDudhachaturi, P.S.- Majhauliya, District- West Champaran. 2.

Kushddin Miyan @ Kuddin Mian Son of Late Navi Mian Resident of Village- Dudhachaturi, P.S.- Majhauliya, District- West Champaran. 3.

Salma Khatoon @ Salmi Khatoon Wife of Bhoj Miyan Resident of VillageDudhachaturi, P.S.- Majhauliya, District- West Champaran. 4.

Saagra Khatoon @ Shagra Khatoon @ Sajara Khatoon Wife of Maneer Miyan Resident of Village- Dudhachaturi, P.S.- Majhauliya, District- West Champaran.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 & 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.47253 of 2021(2) dt.22-04-2022 2/2 The petitioners along with other co-accused are said to have variously armed assaulted them sustaining injuries to them.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature rather there is specific allegation against co-accused Bhoj Miyan who gave garasa blow on the head of father of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Majhauliya P.S. Case No.836 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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