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Patna High CourtCR. MISC./50791/2023bail granted

Md. Azaz Ahmad v. The State Of Bihar

2023-08-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50791 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

MD. AZAZ AHMAD SON OF MD. ZABBAR @ ABDUL ZABBER RESIDENT OF VILLAGE- RAJE WEST, PS- MANIGACHHI, DISTDARBHANGA 2.

MD. MUNNA SON OF MD. SATTAR @ ABDUL SATTAR RESIDENT OF VILLAGE- RAJE WEST, PS- MANIGACHHI, DIST- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Rais , Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 354, 353, 504, & 406/34 of the Indian Penal Code.

3. It is alleged that all the accused persons including these petitioners entered into the house of the informant who is police official and abused and assaulted him and when other police offical came in rescue then she was also assaulted.

4. It is submitted on behalf of the petitioners that police after investigation submitted final form of the case against these petitioners u/s 353, 504 and 506 of I.P.C . As a

Patna High Court CR. MISC. No.50791 of 2023(2) dt.17-08-2023 2/2 matter of fact, the prosecution party demanded illegal money from these petitioners of Manigachhi P.S. Case No. 241/22 and on refusal the present case has been falsely lodged against these petitioners with a view to harass, humiliate and to put pressure on them. Rest of the allegation is super-addition to make the case grave.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Darbhanga in connection with Manigachhi P.S. Case No. 258 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T