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Patna High CourtCR. MISC./81611/2023bail granted

Srimati Nasrin Ali (Mukhya Parshad) @ Nasrin Ali v. The State Of Bihar

2023-12-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80893 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.

Ali Hasan S/O Late Badri Miya Village- Siswaniya Tola Sugauli Ward No. 06, Ps. Sugauli, Dist. East Champaran.

2.

Aabid Miya @ Md. Aabid Ansari S/O Late Manjur Miya Resident Of Bangara, Ward No. 20, Ps. Sugauli, Dist. East Champaran. 3.

Rajesh Mahato S/O Yogendra Mahato Village- Bahurupiya Ward No. 5,Ps. Sugauli, Dist. East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81611 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Srimati Nasrin Ali (Mukhya Parshad) @ Nasrin Ali wife of Ali Hasan VillageSiswaniya Tola Sugauli W.No- 6, Ps- Sugauli Dist- East Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 80893 of 2023) For the Petitioner/s :

Mr.Sarva Deo Singh, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 81611 of 2023) For the Petitioner/s :

Mr.Sarva Deo Singh, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Sugauli P.S. Case No. 395 of 2023 dated

Patna High Court CR. MISC. No.80893 of 2023(2) dt.20-12-2023 2/3 14.09.2023 registered for the offences punishable u/ss 341, 323, 353, 379, 427, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have entered the meeting which was to be held in the Nagar Panchayat Office, Sugauli. In the meantime, the petitioner Nasrin Ali started abusing the Executive Officer (informant). Thereafter, the petitioners Nasrin Ali and Ali Hasan assaulted the informant with fist. Abid Miyan (petitioner) snatched the golden chain and Nasrin Ali (petitioner) also snatched Rs. 1000/- from the pocket of the informant. It is further alleged that the accused persons tore the official papers of the government.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that the real facts of the case is different from the present case. The petitioner Nasrin Ali filed a complaint before the Government on 12.06.2023 and requested to transfer such Executive Officer who is disturbing the smooth functioning of the Nagar Panchayat, Sugauli. It is further submitted that the petitioners have no concern with the alleged offence. It is further submitted that the allegation of snatching is ornamental against the petitioners. The petitioners

Patna High Court CR. MISC. No.80893 of 2023(2) dt.20-12-2023 3/3 have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari in connection with Sugauli P.S. Case No. 395 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T