Md. Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19299 of 2021 Arising Out of PS. Case No.-230 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== 1.

MD. AMAN S/O MD. SUBHAN R/o village- Hulas Chakla, P.S.- Raghopur, District- Supaul 2.

Md. Arman S/o Md. Subhan R/o village- Hulas Chakla, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and the State through virtual mode.

The petitioners are apprehending their arrest in Raghopur P.S. Case No. 230 of 2019 registered under Sections 302, 120(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.19299 of 2021(2) dt.31-01-2022 2/3 Allegedly, the informant's brother was found lying dead near vegetable market. It was suspected that in the backdrop of previous feud, the accused persons committed murder of informant's brother.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The names of the petitioners have transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. In course of investigation, the police submitted final form against the petitioners. The court below differed with the police report and took cognizance against the petitioners also.

On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact

Patna High Court CR. MISC. No.19299 of 2021(2) dt.31-01-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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 their personal bonds to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 230 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T