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Patna High CourtCR. MISC./65989/2022allowed

Md. Aiyaz @ Md. Aiyaz Alam v. The State Of Bihar

2023-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65989 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== 1.

MD. AIYAZ @ MD. AIYAZ ALAM Son of Late Mahmood @ Late Md. Mahmood Alam Resident of- New Azimabad Colony, P.S.- Bahadurpur, District- Patna 2.

MD. ARSALAM @ ARSALAN @ MD. ARSHALAM Son of Md. Aiyaz @ Md. Aiyaz Alam Resident of- New Azimabad Colony, P.S.- Bahadurpur, District- Patna 3.

GUDDU Son of Md. Yaqub Resident of- New Azimabad Colony, P.S.- Bahadurpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 447, 448, 385, 387, 504, 506, 34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that it is apparent from the FIR that the entire matter had arisen due to non-payment of the house rent by the petitioners to the informant. The dispute regarding non-payment

Patna High Court CR. MISC. No.65989 of 2022(2) dt.17-01-2023 2/2 of the house rent is basically of civil nature. There is no specific overt act against the petitioners. He further submits that no person got injured in the present case. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Bahadurpur P.S. Case No.210 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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