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Patna High CourtCR. MISC./52970/2022allowed

Md. Shariful Sheikh @ Shariful Sheikh @ Shariful Saif v. The State Of Bihar

2022-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52970 of 2022 Arising Out of PS. Case No.-179 Year-2020 Thana- JALE District- Darbhanga ====================================================== Md. Shariful Sheikh @ Shariful Sheikh @ Shariful Saif Son Of Phool Hassan @ Phul Hasan R/O Village- Supaulia (SIPAULIYA), P.S.- Jalley, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354B, 447, 448, 504, 379, 147, 149, 313 of the Indian Penal Code.

Allegedly, the petitioner along with other accused persons, after an altercation related to land, entered into the house of the informant and tore the clothes of her daughter with bad intention. Thereafter, they assaulted the informant's side. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.52970 of 2022(2) dt.13-12-2022 2/2 case due to land dispute. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 05.07.2022 passed in Cr. Misc. No. 41513 of 2021. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Jalley P.S. Case No. 179 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T