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Patna High CourtCR. MISC./77652/2024allowed

Sheikh Nasruddin v. The State Of Bihar

2024-11-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77652 of 2024 Arising Out of PS. Case No.-194 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Sheikh Nasruddin Son of Late Sheikh Shaphik R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari. 2.

Sheikh Manu Son of Sheikh Nasruddin R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari. 3.

Shiekh Wasi Ahmad @ Sheikh Osi Ahmad @ Shikari Son of Late Sheikh Manshi R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari.

4.

Sheikh Ali Asgar @ Asgar @ Dhorai @ Sheikh Ali Asjar Son of Sheikh Ishlam R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari.

5.

Nai Akhtar @ Navi Akhtar Son of Sheikh Jakir R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari. 6.

Sheikh Tabrez @ Tabrej Alam Son of Sheikh Sagir R/O Vill.- Jalan Mahuabari Tola, P.S.- Sangrampur, Dist.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 324, 341, 308, 427, 506, 448, 354(B), 504/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.77652 of 2024(2) dt.20-11-2024 2/3

3. As per the F.I.R., the allegation against the petitioners are that they along with other accused persons assaulted the informant side.

4. 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 due to grudge. No such occurrence, in the manner as alleged, have ever taken place. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties. Both sides have sustained injuries and the injury of the injured was found simple in nature. Petitioner have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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

Patna High Court CR. MISC. No.77652 of 2024(2) dt.20-11-2024 3/3 with Sangrampur P.S. Case No. 194 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Guddu/- U T