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Patna High CourtCR. MISC./48263/2021allowed

Meraj Mian @ Meraj Alam v. The State Of Bihar

2022-04-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48263 of 2021 Arising Out of PS. Case No.-525 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

MERAJ MIAN @ MERAJ ALAM Son of Ful Mian Resident of VillageBishunpura, P.S.- Harsidhi, District- East Champaran. 2.

Wajul Mian @ Bawali Son of Sah Mahammad Mian Resident of VillageBishunpura, P.S.- Harsidhi, District- East Champaran. 3.

Hassanjan Alam @ Hussanjan Mian @ Tem Mian Son of Sobrati Mian Resident of Village- Bishunpura, P.S.- Harsidhi, District- East Champaran. 4.

Lalbabu Mian Son of Nasruddin Mian Resident of Village- Bishunpura, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 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 four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.48263 of 2021(2) dt.25-04-2022 2/3 The allegation against the petitioners is that they along with other accused persons started causing disturbance during a party and when the informant tried to control the situation, they abused the informant and petitioner no.1 gave farsa blow on the head of the informant causing cut injury. The rest accused persons assaulted the informant with lathi and rod. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries inflicted upon the injured are simple in nature.

It is submitted that a counter version of the occurrence has been lodged by the father of the petitioner against the informant and others vide Harsidhi P.S. Case No.527 of 2020. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering that the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.48263 of 2021(2) dt.25-04-2022 3/3 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 court below where the case is pending/Successor Court in connection with Harsidhi P.S. Case No.525 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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