Sebu Rahman @ Saibul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22343 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- BHANGHA District- West Champaran ====================================================== 1.

SEBU RAHMAN @ SAIBUL RAHMAN S/O LATE AMRULLAH MIAN R/O VILLAGE-BHOGADI TOLA, P.S.-MANPUR, DISTRICT-WEST CHAMPARAN.

2.

EJAJUL HAQUE @ EJAJUL HUSSAIN S/O SEBU RAHMAN @ SAIBUL RAHMAN R/O VILLAGE-BHOGADI TOLA, P.S.-MANPUR, DISTRICT-WEST CHAMPARAN.

3.

RIZWAN ALAM @ MD. RIJWAN S/O AJIJUL RAHMAN R/O VILLAGE-BHOGADI TOLA, P.S.-MANPUR, DISTRICT-WEST CHAMPARAN.

4.

BAGAR @ GULREJ MIAN @ GULREJ S/O ALI AHMAD R/O VILLAGE-BHOGADI TOLA, P.S.-MANPUR, DISTRICT-WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 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 with Bhangaha P.S. Case no. 62 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 379, 413,

Patna High Court CR. MISC. No.22343 of 2021(3) dt.03-01-2022 2/3 353, 307, 387, 420 and 406 of the Indian Penal Code, Section 4/40 of BMC Rules, Section 15 of Environment Act, Section 21(4) of MMDR Act and section 3 of Prevention of Damage to Public Proterty Act.

Prosecution story relates to recovery of illegally mined sand loaded on two tractors.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. He has neither concern with the alleged vehicle or with the alleged recovery. The petitioners are alleged to be the members of the mob and the prosecution has not attributed any overt act to the petitioners.

Learned APP appearing for the State has opposed the 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 Bhangaha P.S. Case no. 62 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

Patna High Court CR. MISC. No.22343 of 2021(3) dt.03-01-2022 3/3 amount each to the satisfaction of learned CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U