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Patna High CourtCR. MISC./51908/2024allowed

Meraj Alam v. The State Of Bihar

2024-11-20Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51908 of 2024 Arising Out of PS. Case No.-300 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Meraj Alam, Son Of Anul Mian, R/O- Village- Sareya Mathiya Tola Churiharwa, P.S.- Paharpur (MALAHI), District- East Champaran 2.

Abulaish Mian @ Ablaish Mian @ Abhilaish Mian, Son Of Satar Mian, R/O- Village- Sareya Mathiya Tola Churiharwa, P.S.- Paharpur (MALAHI), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kuar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Paharpur (Malahi) P.S. Case No. 300 of 2022, registered for the offences punishable under Sections 341, 323,324, 307, 379 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner no. 1 Meraj Alam along with two other co-accused persons attacked on the bhaisur of the informant with sword as a result of which he received injuries. Allegation against the petitioner no. 2 is that he caught the hair of Sahiya Khatoon and dragged her down

Patna High Court CR. MISC. No.51908 of 2024(3) dt.20-11-2024 2/3 from the vehicle. She also alleged that petitioner no. 2 along with co-accused Saddam Alam also attacked with sword on Arif causing injury to him.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to previous enmity and due to petty dispute scuffle took place between the parties and both parties sustained simple injury. Petitioner no. 1 has two criminal antecedents out of which one is related to matrimonial dispute and petitioner no. 2 has one criminal antecedent. Petitioners undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Paharpur (Malahi) P.S. Case No. 300 of 2022, subject to

Patna High Court CR. MISC. No.51908 of 2024(3) dt.20-11-2024 3/3 the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T