Md. Harun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62106 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== 1.

MD. HARUN S/O LATE MD. NIYAMAT Resident of village- Rampur, W. No- 05, P.S.- Chhatapur, District- Supaul.

2.

MD. JIBRAIL S/O MD. ISRAIL Resident of village- Rampur, W. No- 05, P.S.- Chhatapur, District- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under Sections 147, 148, 323, 379, 436, 504 and 506 of the Indian Penal Code. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.62106 of 2022(2) dt.29-03-2023 2/3 co-accused persons started quarrelling and co-accused Md. Siraj ordered to loot the household articles and set the informant's house on fire, upon which the petitioners set the informant's house on fire. It is further alleged that co-accused Badshah took away a box from the house of informant. It is also alleged that the father-in-law and mother-in-law of the informant were brutally assaulted by the co-accused persons and the petitioners. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitions. The injuries of the injured are found to be mild swelling on their forehead. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 17.07.2022 and 29.08.2022 respectively.

Learned A.P.P. for the State has opposed the prayer of bail of the petitioners.

Considering the aforesaid facts and circumstances of the case as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.62106 of 2022(2) dt.29-03-2023 3/3 concerned, Supaul, in connection with Chhatapur P. S. Case No. 41 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T