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Patna High CourtCR. MISC./54793/2023allowed

Badruddin v. The State Of Bihar

2023-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54793 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== BADRUDDIN S/O GAYASUDIN MANSURI RESIDENT OF VILLAGEBHELWA SADAR, P.S- CHHAUSADANO, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 325, 307, 379, 354(B), 504 and 34 of the IPC.

3.

Allegedly, the petitioner is said to have brutally assaulted the informant's daughter-in-law and snatched her gold earring. 4.

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 due to ulterior motive. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation to assault the daughter-in-law of the informant by means of sword

Patna High Court CR. MISC. No.54793 of 2023(3) dt.14-09-2023 2/2 is against the co-accused Nasrulallah and due to the said assault she has sustained grievous injury which is not attributable to the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let him, 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 Chhauradano P.S. Case No.327/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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