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Patna High CourtCR. MISC./5829/2021bail granted

Md. Shaddam @ Lappa @ Md. Shada Anwar v. The State Of Bihar

2021-10-25Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5829 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

MD. SHADDAM @ LAPPA @ MD. SHADA ANWAR S/O LATE NAWAB RESIDENT OF MOHALLA-BARAHPURA, P.S.-ISHAKCHAK, DISTRICT-BHAGALPUR.

2.

MD. SHANU @ MD. SHAHNAWAZ MANSOOR S/O LATE MANSOOR @ BHOLA RESIDENT OF MOHALLA-BARAHPURA, P.S.- ISHAKCHAK, DISTRICT-BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-10-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No. 307 of 2020 instituted for the offence under Sections 341, 323, 307, 427 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Though the petitioners also have been named and have been alleged to have formed part of the crowd that committed affray but there is no specific accusation against

Patna High Court CR. MISC. No.5829 of 2021(2) dt.25-10-2021 2/3 them. One of the accused persons is said to have opened fire but the injuries suffered by the victim is not by any firearm but by a piece of glass. Because of the intervention of the local people, the matter has now been settled and the informant does not wish to prosecute the petitioners any further.

Considering the afore-noted facts and taking into account that the petitioners do not have criminal antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 307 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/-

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