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Patna High Court - Orders

Shaukat Ali @ Sk. Shaukat Ali @ Sk. ... vs The State Of Bihar on 12 April, 2022

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34879 of 2021
                  Arising Out of PS. Case No.-30 Year-2019 Thana- SAHODARA District- West Champaran
                 ======================================================
           1.     Shaukat Ali @ Sk. Shaukat Ali @ Sk. Shaukat S/O Late Sk. Zahoor R/O
                  Village-Barwa Barauli, Police Station-Shikarpur, District-West Champaran.
           2.    Wasim Alam S/O Sk. Shaukat R/O Village-Barwa Barauli, Police Station-
                 Shikarpur, District-West Champaran.
           3.    Nafis Firdos @ Nafis Firdaus S/O Sk. Moosa R/O Village-Barwa Barauli,
                 Police Station-Shikarpur, District-West Champaran.
           4.    Babu Lal Mukhi S/O Nathuni Mukhiya R/O Village-Manpur, P.S.-
                 MANPUR, District-West Champaran.
           5.    Sk. Arman S/O Sk. Sadik R/O Village-Manpur, P.S.-MANPUR, District-
                 West Champaran.

                                                                                  ... ... Petitioners
                                                      Versus
                 THE STATE OF BIHAR

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akhileshwar Kumar Shrivastva, Advocate
                 For the Opposite Party/s :      Mr. Ram Anuraj Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   12-04-2022

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that while the Patna High Court CR. MISC. No.34879 of 2021(2) dt.12-04-2022 2/3 informant was working in the field, the accused persons, variously armed, assaulted and fired at him due to which he sustained injuries.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Specific allegation of assault is alleged against co-accused Malgujar Ansari who is said to have caused injury on the victim. So far petitioners are concerned, General and omnibus allegation has been made against them. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Sahodara P.S. Case No. 30/2019 (G.R. No. 2253/2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.34879 of 2021(2) dt.12-04-2022 3/3 Procedure.

(Sudhir Singh, J) Pankaj/-

U      T