Mohfil @ Mofil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10685 of 2023 Arising Out of PS. Case No.-142 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

Mohfil @ Mofil Son of Md. Jubair @ Juber Alam R/o Village- Basantpur Ward No.28, P.S. And District- Araria.

2.

Pappu @ Imtiyaz Son of Mir Naiyyar R/o Village- Basantpur, Ward No.26, P.S. And District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Araria P.S. Case No.142 of 2020, registered for the offences punishable under Sections 363, 365, 379, 506 and 34 of the Indian Penal Code.

The petitioners are said to have kidnapped the son of the informant. It is also alleged that petitioners also snatched Rs.1000/- from the son of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got one criminal antecedent

Patna High Court CR. MISC. No.10685 of 2023(2) dt.10-05-2023 2/2 as stated in paragraph-3 of the bail petition. It is further submitted that occurrence took place on 06.02.2020, but the FIR was lodged on 17.02.2020 after delay of eleven days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is also submitted that no specific overt act is alleged against the petitioners. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Araria P.S. Case No.142 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T