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Patna High CourtCR. MISC./85559/2023allowed

Samse Alam @ Md. Samse Alam v. The State Of Bihar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85559 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

Samse Alam @ Md. Samse Alam Son Of Md. Faiyaz R/O Village- Chapki, P.S.- Maniyari, Dist.- Muzaffarpur 2.

Md. Faiyaz Son Of Late Wadood R/O Village- Chapki, P.S.- Maniyari, Dist.- Muzaffarpur 3.

Shabana Khatoon @ Shabana Parveen Wife Of Ekramul Haque R/O VillageChapki, P.S.- Maniyari, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda For the State :

Mr. Narendra Kumar Singh For the Informant :

Mr. Shyam Kishore Mr. Rishi Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.85559 of 2023(2) dt.16-01-2024 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that allegation against the petitioner no. 1 is that he has assaulted the informant on his finger by the farsa but the injury was found simple in nature. Petitioners have three criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioners are involved in the present case.

6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 lower Court where the case is pending/successor Court in connection with Maniyari P.S. Case No.209 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T