Chand Mian @Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14050 of 2021 Arising Out of PS. Case No.-457 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

CHAND MIAN @MD. CHAND Son of Late Gulab Main Resident of Village - Banuchhaper ward no 10, P.S. - Bettiah Mufassil (Banuchhaper O.P.), District - West Champaran.

2.

Butti Mian @ Bhutti Mian Son of Late Gulab Main Resident of Village - Banuchhaper ward no 10, P.S. - Bettiah Mufassil (Banuchhaper O.P.), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and 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 for the offence under Sections 341, 323, 307, 379, 461, 504/34 of the Indian Penal Code.

Allegedly, in drunken state, the petitioner No. 1 reached at the Gumti of the informant's son and started abusing him and thereafter, he is said to have broken lock of the Gumti and took Rs. 5000/- Extortion money is also said to have been demanded. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.14050 of 2021(2) dt.24-02-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.

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

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil (Banuchhaper O.P.) P.S. Case No. 457 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T