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Patna High CourtCR. MISC./16787/2020allowed

Parwej Alam v. The State Of Bihar

2020-12-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16787 of 2020 Arising Out of PS. Case No.-406 Year-2019 Thana- JOKIHAT District- Araria ====================================================== 1.

Parwej Alam, Male, aged about 40 years, S/o Late Hanif 2.

Faruk @ Md. Faruk, Male, aged about 45 years, S/o Late Hanif 3.

Chasim, Male, aged about 40 years, S/o Late Hanif 4.

Kasim, Male, aged about 35 years, S/o Late Hanif 5.

Zuber, Male, aged about 32 years, S/o Asgar 6.

Rijwan, Male, aged about 30 years, S/o Akhtar, all resident of Village- Rani Tola, Kathal Bari, P.S.- Jokihat, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the State :

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2020 Heard the parties through the virtual court proceeding. The petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 406 of 2019 (G.R. No.4163 of 2019) registered for the offences punishable under Sections 341, 323, 354(B), 384, 447, 504, 506/34 of the Indian Penal Code. The prosecution story in short is that the informant gave fardbeyan before the police alleging therein that on 19.01.2019 at about 9 o'clock in the morning, the accused persons including the petitioners were forcefully constructing house at the land of the informant and on protest made by the informant, the accused persons were assaulted to the informant with lathi danda.

It has been further alleged that the accused persons demanded Rs.5,00,000/- (Rs. five lacs) as extortion.

Patna High Court CR. MISC. No.16787 of 2020(5) dt.03-12-2020 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and the petitioners have falsely been implicated in this case due to land dispute. He further submits that the allegation against the petitioners are general and omnibus in nature. I have perused the record including the case diary. In paragraph-24 of the case diary, no any person has been injured in the present case.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Jokihat P.S. Case No. 406 of 2019 (G.R. No.4163 of 2019), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T