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Patna High CourtCR. MISC./58095/2023bail granted

Saugat Ali v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58095 of 2023 Arising Out of PS. Case No.-80 Year-2012 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== 1.

SAUGAT ALI son of Haidar Ali Village- Tirbirwa Ps- Gopalganj DistGopalganj 2.

Haidar Ali son of Late Mahtab Hussain @ Late Motab Miya @ Late Mohtab Hussain Village- Tirbirwa Ps- Gopalganj Dist- Gopalganj 3.

Ejazuddin Ahmad @ Ajajuddin son of Late Sahid Mian @ Late Shahid Miya Village- Tirbirwa Ps- Gopalganj Dist- Gopalganj 4.

Munna Mian son of Late Mahboob Mian @ Late Mahmood Mian VillageTirbirwa Ps- Gopalganj Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 324, 379, 307, 427, 504 of the Indian Penal Code.

3. As per the prosecution case, on 10.03.2012, while the informant alongwith his son was returning home on motorcycle, the F.I.R. named accused persons assaulted the son of informant with lathi and danda in order to kill him. It is further alleged that the accused persons also snatched the gold chain of his son and damaged the motorcycle. The reason behind the occurrence is said to be previous enmity.

Patna High Court CR. MISC. No.58095 of 2023(2) dt.05-09-2023 2/2

4. Petitioners are not named in the F.I.R. Name of the petitioners transpired during course of investigation after lapse of 12 years. It is specific case of the informant that F.I.R. named accused persons committed the occurrence and there is no whisper or suspicion raised against these petitioners.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No. 80 of 2012, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T