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Patna High CourtCR. MISC./646/2023allowed

Ekrar Alam @ Guddu v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.646 of 2023 Arising Out of PS. Case No.-356 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Ekrar Alam @ Guddu S/O Sheikh Nurain R/O Village- Deoliya, P.S.- Shikarpur, West Champaran.

2.

Arafat Alam S/O Late Aftab Alam R/O Village- Deoliya, P.S.-Shikarpur, West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.

Petitioners along with other accused persons are said to have assaulted the son of the informant by means of lathidanda. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the

Patna High Court CR. MISC. No.646 of 2023(2) dt.23-03-2023 2/2 police after investigation has filed the final form against the petitioners but the learned court below has taken cognizance against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Shikarpur P.S. Case No. 356 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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