Patna High CourtCR. MISC./62002/2022partly allowed disposal

Karim @ Md. Karim v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62002 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- PAHARKATTA District- Kishanganj ====================================================== 1.

Karim @ Md. Karim S/O Allauddin Resident Of Gannabari, P.S.- Paharkatta, District- Kishanganj 2.

Md. Aabid S/O Allauddin Resident Of Gannabari, P.S.- Paharkatta, DistrictKishanganj 3.

Sabir S/O Md. Ejaj Resident Of Gannabari, P.S.- Paharkatta, DistrictKishanganj 4.

Rozi W/O Sabir Resident Of Gannabari, P.S.- Paharkatta, DistrictKishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh Mr. Raj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

Permission is granted.

Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148,

Patna High Court CR. MISC. No.62002 of 2022(2) dt.23-02-2023 2/3 149, 341, 323, 302, 307, 379, 354, 504, 506 of the Indian Penal Code.

Petitioners along with other accused persons are said to have assaulted the husband of the informant by means of legs and fits. Accused Noor Alam gave iron rod blow on his head repeatedly due to which he died.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. There is specific allegation against co-accused Noor Alam who gave iron blow on the head of the deceased. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no 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 petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.62002 of 2022(2) dt.23-02-2023 3/3 learned court below where the case is pending/successor court in connection with Paharkatta P.S. Case No. 37 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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