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Patna High CourtCR. MISC./50673/2021bail granted

Halim @ Halimuddin v. The State Of Bihar

2022-01-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50673 of 2021 Arising Out of PS. Case No.-428 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

HALIM @ HALIMUDDIN Son of Late Sadloom 2.

Naiyar @ Munna Son of Late Kalimuddin Both are resident of Village - Hirdaypur, Ward No. 5, Police Station - Araria, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 448, 341, 323, 354B, 379, 427, 436, 504 and 34 of the Indian Penal Code. As per the prosecution case, the eleven named accused persons including the two petitioners are said to have come variously armed, assaulted the informant and others with slaps, fists etc., caused damage to the house and even put the house on fire as a result of which, a cow was burnt. They took away Rs.25,000/ and some ornaments.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.50673 of 2021(2) dt.22-01-2022 2/2 petitioners that the petitioners are innocent and have been falsely implicated in the case. No such occurrence had taken place. The allegations are general and omnibus in nature. The petitioners are in custody since 12.6.2021 and have no criminal antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner having remained in custody for more than 7 months and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Araria (R.S.) P.S. Case no.428 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Saurabh/- U T