Bhikhar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81894 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1.

BHIKHAR MIAN SON OF LATE ABDUL HAKIM @ CHOKAT MIAN @ MD. ABDULA R/O VILLAGE- BASANT TOLA, WARD NO.-1, P..SBETTIAH TOWN (KALIBAGH O.P.), DIST.- WEST CHAMPARAN 2.

SAHEB ALAM SON OF BHIKHAR MIAN R/O VILLAGE- BASANT TOLA, WARD NO.-1, P..S- BETTIAH TOWN (KALIBAGH O.P.), DIST.- WEST CHAMPARAN 3.

MUNNA ALAM SON OF BHIKHAR MIAN R/O VILLAGE- BASANT TOLA, WARD NO.-1, P..S- BETTIAH TOWN (KALIBAGH O.P.), DIST.- WEST CHAMPARAN 4.

CHUNNA ALAM @ MAHAMMAD AJAD SON OF BHIKHAR MIAN R/O VILLAGE- BASANT TOLA, WARD NO.-1, P.S- BETTIAH TOWN (KALIBAGH O.P.), DIST.- WEST CHAMPARAN 5.

NASIM AKHTAR @ SONU SON OF MD. NEZAUDDIN R/O VILLAGEBASANT TOLA, WARD NO.-1, P..S- BETTIAH TOWN (KALIBAGH O.P.), DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP Mr.Pramod Kumar Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard Mr. Prashant Kumar, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State and Mr. Pramod Kumar Yadav, learned counsel for the Opposite party No.2.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 354, 504/34 of

Patna High Court CR. MISC. No.81894 of 2023(3) dt.07-03-2024 2/3 the IPC.

3.

Allegation against the petitioners is that they along with other fir named accused persons assaulted the informant by means of various weapons.

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 ulterior motive. No such occurrence in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioners. There is a compromise between the parties. Petitioner nos. 1 to 4 have no criminal antecedent and petitioner no.5 has one criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant have not denied the fact that the parties have compromised.

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

Patna High Court CR. MISC. No.81894 of 2023(3) dt.07-03-2024 3/3 connection with Bairiya P.S. Case No.299 of 2022, G.R. No.4535/22, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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