Chand Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49068 of 2022 Arising Out of PS. Case No.-261 Year-2019 Thana- BAGHA District- West Champaran ====================================================== CHAND KHAN Son of Aarfin Khan Resident of Village - Khajuriya Barwa, Police Station - Shikarpur, District - West Champaran At Present resident of Pawariya Tola, Bagaha, Police Station - Bagaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zainul Abedin For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 447 and 504/34 of the Indian Penal Code. The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.49068 of 2022(2) dt.08-12-2022 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The husband of the informant and accused persons are co-relative and there is a dispute between the parties. He further submits that after investigation, police has submitted final form against the petitioner but differing with the same, learned court below took cognizance against the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Bagaha P.S. Case No.261 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T