Md Azad @ Md Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10299 of 2022 Arising Out of PS. Case No.-289 Year-2017 Thana- KANTI District- Muzaffarpur ====================================================== 1.

MD AZAD @ MD AZAD ALAM Son of Md. Abrar Resident of VillageGopalpur, P.S.- Kanti, District- Muzaffarpur. 2.

MD RIZWAN Son of Md. Yunus Resident of Village- Gopalpur, P.S.- Kanti, District- Muzaffarpur.

3.

MD ARIF Son of Md. Yunus Resident of Village- Gopalpur, P.S.- Kanti, District- Muzaffarpur.

4.

MD FAROOK S/o- of Md. Badrul Hassan Resident of Village- Gopalpur, P.S.- Kanti, District- Muzaffarpur.

5.

MD IRFAN Son of Md. Murtuza Resident of Village- Gopalpur, P.S.- Kanti, District- Muzaffarpur.

6.

ZAIMUN NISA @ JAMUNA NISA @ JAIBUN NISHA W/o Md. Islam Resident of Village- Gopalpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354, 307, 379 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the

Patna High Court CR. MISC. No.10299 of 2022(2) dt.06-09-2022 2/3 police after investigation submitted final form in favour of the petitioners as has been specifically pleaded at Para-8 of the anticipatory bail application, but the learned trial court deferring with the police report took cognizance of the offence, thus the petitioners apprehend their arrest. Learned counsel for the petitioners submits that what investigating agency, after carrying out threadbare investigation, came to a considered conclusion that petitioners are innocent but then the learned trial court based on the same material proceeded to take cognizance. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanti P.S. Case No. 289 of 2017 subject to the

Patna High Court CR. MISC. No.10299 of 2022(2) dt.06-09-2022 3/3 conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T