Md. Sanaullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15569 of 2022 Arising Out of PS. Case No.-190 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Md. Sanaullah Son Of Md. Gayasuddin Resident Of Village- Sakarbasa, Police Station- Cheriya Bariyarpur, District- Begusarai 2.

Md. Jiyauddin @ Jiyaullah Son Of Gayasuddin Resident Of VillageSakarbasa, Police Station- Cheriya Bariyarpur, District- Begusarai 3.

Md. Gayasuddin Son Of Md. Late Asik Miyan Resident Of VillageSakarbasa, Police Station- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Bipin Kumar, Advocate For the State :

Mr.Md. Fahimuddin, APP For the informant :

Mr.Umesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegation against the accused persons is of committing murder of the father of the informant. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in

Patna High Court CR. MISC. No.15569 of 2022(2) dt.18-05-2022 2/2 the present case. As per the allegation, the petitioner No.1 is said to have assaulted the father of the informant and petitioner Nos.2 and 3 had caught hold of the deceased. After investigation, the case was found to be false. The police submitted final form against the petitioners. Final form submitted by the police is Annexure 3 to the present application. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. case No.190 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T