Patna High CourtCR. MISC./17846/2021allowed

Md Arif v. The State Of Bihar

2022-04-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17846 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

MD ARIF S/o Md. Farid R/o village- Husainabad, Puraini, P.S.- Jagdishpur, District- Bhagalpur 2.

Md. Sahid S/o Md. Saim @ Sahim R/o village- Husainabad, Puraini, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Mishra, Advocate Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2022 Heard Mr. Satish Chandra Mishra, learned Advocate for the petitioners and the learned APP.

The petitioners seek bail in anticipation of their arrest in connection with Jagdishpur P.S. Case No. 169 of 2020 dated 29.05.2020 instituted for the offences under Sections 147, 148, 149, 323, 324, 341, 307, 384, 379, 427 and 354(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accusation against the accused persons is of assaulting the members of the prosecution party and of also opening fire. The female members of the house of the informant are also alleged to have been molested.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.17846 of 2021(4) dt.26-04-2022 2/2 an absolutely false case has been lodged against the petitioners, who are the relatives of the informant.

There is a counter version of the occurrence also. There does not appear to be any injury report on record. Two of the other accused persons have been granted anticipatory bail by a Bench of this Court, which order has been produced for inspection of this Court today.

Considering the afore-noted facts and taking into account that the petitioners do not have criminal antecedents, the provisional bail granted to the petitioners vide order dated 09.03.2022 is, hereby, confirmed.

The petitioners shall remain on the same bail bonds. The petition stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) krishna/- U T