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Patna High Court - Orders

Malgujar Miyan @ Malgujar Ansari vs The State Of Bihar on 16 November, 2021

Author: Sunil Kumar Panwar

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3381 of 2021
                  Arising Out of PS. Case No.-30 Year-2019 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Malgujar Miyan @ Malgujar Ansari Son Of Sattar Ansari Resident Of
                 Village- Parsauni, Police Station- Sahodara, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar No 7
                 For the Opposite Party/s :      Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   16-11-2021

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

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that when the informant was Patna High Court CR. MISC. No.3381 of 2021(2) dt.16-11-2021 2/3 irrigating his field, six accused persons including the petitioner came and fired from their pistol. It is alleged that this petitioner assaulted with dabia on the leg of the informant.

It is submitted by learned counsel for the petitioner that at earlier point of time, family member of the petitioner filed Complaint Case No. 159 of 2018 against the informant and others. Hence, in order to save his skin, the informant has lodged the present F.I.R. Moreover, the injury report does not corroborate the prosecution version. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one in which he is on bail.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) Patna High Court CR. MISC. No.3381 of 2021(2) dt.16-11-2021 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sahodara P.S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/-

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