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Patna High CourtCR. MISC./40994/2022partly allowed disposal

Md. Kismat @ Md. Ksimat Alam v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40994 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Md. Kismat @ Md. Ksimat Alam S/O Late Muslim Resident Of Village - Karua, P.S.- Chautham, District - Khagaria.

2.

Md. Amjad @ Md. Amjad Alam S/O Late Muslim Resident Of Village - Karua, P.S.- Chautham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1, namely, Md. Kismat @ Md. Kismat Alam.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is dismissed as withdrawn.

The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.40994 of 2022(2) dt.07-12-2022 2/3 registered for the offences punishable under Sections 147, 148, 149, 332, 307, 353, 504, 506 of the Indian Penal Code.

It is a case of creating the hindrance in discharging the official duty of the police officials by the petitioners and other co-accused persons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and there is no allegation of any specific overt-act. It is also submitted that Informant and others have not sustained injury. In the facts and circumstance of the case, let the petitioner, above named, except petitioner No. 1, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st

Patna High Court CR. MISC. No.40994 of 2022(2) dt.07-12-2022 3/3 Class, Khagaria in connection with Chautham P.S. Case No. 59 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T