Shah Alam Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44607 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
Shah Alam Khan Son Of Sadre Alam Khan @DARA Resident Of VillageBarki Sarimpur, Ps- Buxar Industrial, Distt- Buxar 2.
Danish Khan Son Of Sadre Alam Khan @ Dara Resident Of Village- Barki Sarimpur, Ps- Buxar Industrial, Distt- Buxar 3.
Ruksar Khatoon Daughter Of Sadre Alam Khan @ Dara Resident Of Village- Barki Sarimpur, Ps- Buxar Industrial, Distt- Buxar 4.
Rehna Khatoon @ Rehana Begum Wife Of Sadre Alam Khan @ Dara Resident Of Village- Barki Sarimpur, Ps- Buxar Industrial, Distt- Buxar 5.
Rasida Khatoon Daughter Of Late Manir Khan Resident Of Village- Barki Sarimpur, Ps- Buxar Industrial, Distt- Buxar 6.
Sadre Alam Khan @ Dara Son Of Late Manir Khan Resident Of VillageBarki Sarimpur, Ps- Buxar Industrial, Distt- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak For the Informant Mrs. Dimpal Kumari For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.
3. Petitioners are said to have assaulted the informant's side by means of various weapons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.44607 of 2023(3) dt.05-10-2023 2/3 this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He further submits that petitioner nos. 1 and 3 have no criminal antecedent whereas petitioner nos. 2, 4, 5 and 6 have criminal antecedents as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.
6. Considering the facts and circumstances of the case and the nature of injury, 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 bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Buxar Industrial P.S. Case No. 33 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T
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