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Patna High CourtCR. MISC./60826/2022allowed

Md. Abul Kaish @ Abul Kaish @ Latkan v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60826 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- SAKRI District- Madhubani ====================================================== 1.

MD. ABUL KAISH @ ABUL KAISH @ LATKAN Son of Late Md. Murtuza R/V- Sakri, P.S- Sakri, Dist- Madhubani 2.

Md. Azaj Son of Md. Abul Kaish @ Abul Kaish @ Latkan R/V- Sakri, P.SSakri, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 324, 308, 379 and 34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, Abul Kailsh assaulted the informant and his son and also snatched Rs.3,000/- from the pocket of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioner was granted relief of

Patna High Court CR. MISC. No.60826 of 2022(2) dt.23-02-2023 2/2 Section 41 (1) of the Cr.P.C and the charge-sheet has been submitted against the petitioner u/s 308 and other sections of the I.P.C.. He submits that injuries found upon the victim are simple in nature which is also clear from the impugned order. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sakri P.S. Case No.68/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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