Md. Iqwal @ Iqbal Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17550 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md Sikandar @ Ibrahim Son Of Late Yasin R/O Mohalla- Maulanachak, P.S.- Mojahidpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18353 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Iqwal @ Iqbal Khan Son Of Late Md. Maqbool Resident Of MohallaGanichak, Police Station Mojahidpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 17550 of 2021) For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr. APP (In CRIMINAL MISCELLANEOUS No. 18353 of 2021) For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection
Patna High Court CR. MISC. No.17550 of 2021(3) dt.01-02-2022 2/3 with Mojahidpur P.S. Case no. 244 of 2020 instituted for the offence under Sections 341, 323, 307, 386, 506 and 34 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.
As per allegation in the FIR, when the son of the informant was going to market, several accused persons have assaulted him by giving rod blow. On hulla being raised by his son, Md. Afsar hurled bomb upon him due to which he sustained injury and fell down then both the petitioners have taken away his silver chain and cash of Rs. 10,000/- from his pocket.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case due to dirty local politics. They have got no criminal antecedent. General and omnibus allegations have been levelled against them. Specific allegation of assault is against co-accused Md. Afsar, who has already been granted bail by this Court vide order dated 3.1.2022 passed in Cri. Misc. No. 22149 of 2021. There is case and counter case. Now good sense has been prevailed between the parties and the matter has been compromised.
Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.17550 of 2021(3) dt.01-02-2022 3/3 prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mojahidpur P.S. Case no. 244 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U