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Patna High CourtCR. MISC./50855/2022allowed

Bazadullah Ansar @ Md. Bayzadullah Ansari v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50855 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== BAZADULLAH ANSAR @ MD. BAYZADULLAH ANSARI Son of Late Md. Mobarak Ullah Ansari Resident of Village - Jamabask, Lane, Goal Tola Bhikhapur, P.s.- Ishakchak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

Petitioner apprehends his arrest in a case registered for offence punishable u/s 376, 385, 506, 509, 120B/34 of the IPC. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated on the basis that he is the brother of the co-accused. It is further stated that there is no allegation of demand of money from the informant at any point against the petitioner. Petitioner is residing separately with his family from his brother. No occurrence took place as alleged in the FIR. The

Patna High Court CR. MISC. No.50855 of 2022(2) dt.12-12-2022 2/2 statement of the victim has been recorded u/s 164 of the Cr.P.C.. From the perusal of her statement, it appears that there is no specific allegation attributed against the petitioner. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, 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 Chak P.S. Case No.110 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T