Chhote @ Md. Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10390 of 2024 Arising Out of PS. Case No.-419 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Chhote @ Md. Sadre Alam Son Of Badruddin Resident Of Village - Benta, P.S. Laheriasarai , District - Darbhanga 2.

Badruddin @ Md. Badruddin Son Of Late Md. Mokim Resident Of Village - Benta, P.S. Laheriasarai , District - Darbhanga 3.

Laddan @ Nazre Alam Son Of Badruddin Resident Of Village - Benta, P.S. Laheriasarai , District - Darbhanga 4.

Pappu @ Noor Alam Son Of Badruddin Resident Of Village - Benta, P.S. Laheriasarai , District - Darbhanga 5.

Babban @ Kamre Alam Son Of Badruddin Resident Of Village - Benta, P.S. Laheriasarai , District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 354(B), 308, 349, 504 of the Indian Penal Code.

3. As per the prosecution case, the informant is an owner of the Ambulance van. He used to park his van near R.B. Memorial Hospital, Darbhanga. Informant alleged that the accused persons demanded extortion money from him for

Patna High Court CR. MISC. No.10390 of 2024(2) dt.22-02-2024 2/3 parking of the van. It is further alleged that they have assaulted the informant and his wife.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the occurrence took place on 11.08.2023 and the F.I.R. was lodged on 02.09.2023, without any proper explanation, which creates serious doubt on the prosecution case. He further submits that the injury was found simple in nature, it is clear from the impugned order itself. Petitioners no. 1, 3, 4 and 5 have two criminal antecedents and petitioner no. 2 has three criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

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

Patna High Court CR. MISC. No.10390 of 2024(2) dt.22-02-2024 3/3 where the case is pending/successor Court in connection with Laheriasarai P.S. Case No.419 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