Arse Azam @ Arshe Azam @ Arshey Azam vs The State Of Bihar on 29 September, 2022

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Patna High Court - Orders

Arse Azam @ Arshe Azam @ Arshey Azam vs The State Of Bihar on 29 September, 2022

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37586 of 2022
                  Arising Out of PS. Case No.-105 Year-2020 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
           1.     ARSE AZAM @ ARSHE AZAM @ ARSHEY AZAM SON OF SHARIFUL
                  AZAM R/O VILLAGE- GUABARI, P.S.- KUNDWA CHAINPUR, DISTT.-
                  EAST CHAMPARAN
           2.    KALIM JAVED SON OF REYEESUL AZAM R/O VILLAGE- GUABARI,
                 P.S.- KUNDWA CHAINPUR, DISTT.- EAST CHAMPARAN

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ratneshwar Prasad
                 For the Opposite Party/s :     Mr.Md. Anbzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   29-09-2022

Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

The petitioners have preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioners and co- accused persons along with 10-12 unknown persons armed with Patna High Court CR. MISC. No.37586 of 2022(2) dt.29-09-2022 2/3 lathi, danda, rod and farasa came at the house of the informant and thereafter assaulted, as a result of which five persons sustained injuries, out of them one Shabir Ahmad died due to firearm injuries during the course of treatment.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 07.04.2021 passed in Criminal Misc. No. 982 of 2021. The petitioners are member of the mob. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.02.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 105 of 2020. Patna High Court CR. MISC. No.37586 of 2022(2) dt.29-09-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/-

U        T

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Patna High Court - Orders