Sanjur Alam @ Athar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60335 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- AMDABAD District- Katihar ====================================================== 1.

SANJUR ALAM @ ATHAR ALI Son of Nizamuddin Resident of Village - Baidnathpur, Police Station - Amdabad, District - Katihar. 2.

Imdad Ali @ Imdad Alam Son of Nizamuddin Resident of Village - Baidnathpur, Police Station - Amdabad, District - Katihar. 3.

Dilshad Alam Son of Md. Geevabal @ Md. Jiyaul Haque Resident of Village - Baidnathpur, Police Station - Amdabad, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Ambastha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners has submitted that petitioner no. 1, Sanjur Alam has been arrested and as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this bail petition with respect to petitioner no. 1.

In view of the above submission, this petition is dismissed as withdrawn with respect to petitioner no. 1.

Patna High Court CR. MISC. No.60335 of 2021(3) dt.15-09-2022 2/3 So far as petitioner nos. 2 and 3 are concerned, they apprehend their arrest in connection with Amdabad P.S. Case No. 101 of 2021 registered for offence punishable under sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. The learned counsel for the petitioners has submitted that though injury suffered by injured persons, namely, Md. Siraj, Sikandar Ali and Lukmaan Ali are found to be grievous, but there is no specific allegation against petitioner nos. 2 and 3 of assaulting them. The allegations against them are general and omnibus. Though there is direct allegation on petitioner no. 1, but the petition in his respect has already been withdrawn. He has also submitted that the petitioners are the persons of clean antecedents.

The learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances as well as the clean antecedents of the petitioners, let petitioner nos. 2 and 3, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 101 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.60335 of 2021(3) dt.15-09-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T