Noor @ Md. Noor @ Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39619 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- ASARGANJ District- Munger ====================================================== 1.

NOOR @ MD. NOOR @ MD. NOOR ALAM S/o Md. Badrul Khan R/o village- Kharwa, P.S.- Asarganj, District- Munger 2.

Shahbaz @ Shahnawaz Khan S/o Sahabuddin Khan R/o village- Kharwa, P.S.- Asarganj, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 148, 149, 341, 323, 325, 307 of the Indian Penal Code and 27 of the Arms Act. As per prosecution case, the petitioners along with co-

Patna High Court CR. MISC. No.39619 of 2022(4) dt.02-01-2023 2/3 accused persons assaulted the informant's family with iron rods and other weapons. The petitioner no. 2 assaulted on the head of Afroz with iron rod causing severe injuries.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. As per the injury report the injured Afroz sustained grievous injury on non-vital part of the body though the doctor who examined the injured was not posted at Asarganj PHC. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, as well as the fact that injury sustained is on the non-vital part of the body, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Munger in connection with Asarganj P.S. Case No. 196 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.39619 of 2022(4) dt.02-01-2023 3/3 This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T