Sameer Gaddi @ Mohammad Sameer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80946 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- BAGHA District- West Champaran ====================================================== 1.

Sameer Gaddi @ Mohammad Sameer S/o- Satar Gaddi Vill-Ratanmala ward no. 33 Ps- Bagaha District- West Champaran 2.

Chhotak Gaddi @ Chhotak Mian S/o- Munna Gaddi Vill-Ratanmala ward no. 33 Ps- Bagaha District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn with respect to petitioner no.2.

5. However, if petitioner no.2 surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law.

Patna High Court CR. MISC. No.80946 of 2024(2) dt.10-12-2024 2/3

6. Now, this application survives only for petitioner no.1.

7. Petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 & 506/34 of the Indian Penal Code.

8. Petitioner no.1 in association of other co-accused is said to have assaulted the informant and his family members.

9. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is case and counter case between the parties and both sides have sustained injury. Petitioner no.1 has no criminal antecedent as mentioned in para-3 of this application.

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

11. Having regard to the facts and circumstances of the case, let the above named petitioner no.1, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court

Patna High Court CR. MISC. No.80946 of 2024(2) dt.10-12-2024 3/3 in connection with Bagaha P.S. Case No. 152 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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