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Patna High CourtCR. MISC./42047/2022allowed

Ramjan Miyan @ Ramjan Ansari v. The State Of Bihar

2022-11-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42047 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

RAMJAN MIYAN @ RAMJAN ANSARI Son of Late Nathuni Miyan Resident of Village - Basant Tola, P.s.- Bettiah Muffasil, Distt.- West Champaran.

2.

Arman Miyan @ Arman Son of Ramjan Ansari @ Ramjan Miyan Resident of Village - Basant Tola, P.s.- Bettiah Muffasil, Distt.- West Champaran. 3.

Lalbabu Rai Son of Late Baban Rai Resident of Village - Gurwalia Babu Tola, P.s.- Manua Pul, Distt.- West Champaran. 4.

Sunil Prasad Son of Yadunandan Prasad Resident of Village - Bangra, P.s.- Sugauli, Distt.- East Champaran.

5.

Pramod Prasad Son of Ram Sundar Sah Resident of Village - Bangra, P.s.- Sugauli, Distt.- East Champaran.

6.

Laddu Ansari Son of Shah Mahammad Ansari Resident of Village - Bangra, P.s.- Sugauli, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Though vakalatnama is filed on behalf of the informant but nobody appeared on his behalf.

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

Patna High Court CR. MISC. No.42047 of 2022(2) dt.28-11-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 143, 341, 323, 384, 386, 504 and 506 of the Indian Penal Code. Allegation against the petitioners is that they tried to sell the land of the informant and also assaulted the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the occurrence took place on 07.01.2022 but the F.I.R. lodged on 15.01.2022 after a delay of 8 days which creates serious doubt on the prosecution case. He submits that he enclosed the rent receipt in annexure-2 of the application. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is civil dispute between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.42047 of 2022(2) dt.28-11-2022 3/3 connection with Sugauli P.S. Case No.33/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T