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Patna High CourtCR. MISC./43633/2022disposed

Md. Kamran Khan @ Amir v. The State Of Bihar

2022-12-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43633 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

MD. KAMRAN KHAN @ AMIR Son of Md. Rafique @ Sannu Khan Resident of Mohalla- Samanpura, P.S.- Shastrinagar, District - Patna. 2.

Md. Faizan Khan @ Aarish Khan Son of Md. Rafique @ Sannu Khan Resident of Mohalla- Samanpura, P.S.- Shastrinagar, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Kritu Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2 Permission is accorded.

The petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 504, 506, 307 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that the accused persons, including the petitioner, intercepted his

Patna High Court CR. MISC. No.43633 of 2022(2) dt.14-12-2022 2/3 son while he was going to get his laptop repaired and started abusing him, further petitioner no.2 got an iron rod and assaulted his son causing injury on head and the occurrence was videographed.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from perusal of the allegations as alleged in the FIR it would manifest that as far as this petitioner is concerned, the allegation against him is general and omnibus in nature, it is also submitted that even the informant's son, who is the victim in the present case, has more than ten criminal cases against him. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. Learned counsel for the informant rebuts the submission of the learned counsel for the petitioner and submits that the son of the informant has six cases against him. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.43633 of 2022(2) dt.14-12-2022 3/3 the learned court below where the case is pending/successor court in connection with Shastri Nagar P.S. Case No. 194 of 2022 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T