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Patna High CourtCR. MISC./74934/2022allowed

Md. Noor Hussain @ Noor Hassan @ Noor Hasan v. The State Of Bihar

2023-02-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74934 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

MD. NOOR HUSSAIN @ NOOR HASSAN @ NOOR HASAN SON OF LATE ABDUL BARIK @ LATE MD. BARIK @ MD. BARIK R/O VILL.- JAHANPUR, WARD NO. 07, P.S.- BACHHWARA, DISTT.- BEGUSARAI 2.

MD. MAHFOOZ ALAM @ NOOR ALAM SON OF LATE ABDUL BARIK @ LATE MD. BARIK @ MD. BARIK R/O VILL.- JAHANPUR, WARD NO. 07, P.S.- BACHHWARA, DISTT.- BEGUSARAI 3.

MD. ISA @ ZAHID @ JAHID SON OF MD. TANVEER @ MD. TANVIR ALAM R/O VILL.- JAHANPUR, WARD NO. 07, P.S.- BACHHWARA, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 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 147, 148, 149, 341, 323, 307, 325, 379, 384, 504 and 506 of the Indian Penal Code pending in the learned court below. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that allegation against the petitioner no.1 & 2 to assault the informant and injury was found simple in

Patna High Court CR. MISC. No.74934 of 2022(2) dt.04-02-2023 2/2 nature. He submits that there is no specific overt act against petitioner no.3. He submits that there is specific allegation agaisnt the co-accused Makbul Alam to assault the informant and injury was found grievous in nature. He further submits that petitioner nos. 1 & 2 have got one criminal antecedent and petitioner no.3 have got no criminal antecedent as stated in para3 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 Bachhwara P.S. Case No.203/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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