Abdullah Dewan @ Abdullah Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78849 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- GAUNAHA District- West Champaran ====================================================== 1.

Abdullah Dewan @ Abdullah Shah Son of Ijaharul Devan Resident of Village- Amolwa, P.S.- Gaunaha, Distt.- West Champaran 2.

Naushad Dewan Son of Abdullah Dewan Resident of Village- Amolwa, P.S.- Gaunaha, Distt.- West Champaran 3.

Ahshan Dewan @ Ishan Dewan @ Asan Alam Son of Abdullah Dewan Resident of Village- Amolwa, P.S.- Gaunaha, Distt.- West Champaran 4.

Niyaj Dewan @ Neyaj Dewan Son of Late Islam Dewan Resident of Village- Amolwa, P.S.- Gaunaha, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Adv For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504 of the Indian Penal Code. 3.

As per the FIR, the petitioners and other co-accused persons assaulted the informant due to which she sustained injuries.

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. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.78849 of 2024(2) dt.02-12-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that there is a case and counter case between the parties and the petitioner no.1 has sustained grievous injury, which is apparent from Annexure-2/1 of the bail application. It is further submitted that the injuries of the informant are of simple nature, which is also apparent from Annexure-3 of the bail application. Petitioners have three criminal antecedent.

5.

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

6.

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 Gaunaha P.S. Case No.81 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T