Ishtiyaq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24030 of 2021 Arising Out of PS. Case No.-717 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

ISHTIYAQ, Son of Raouf Alam @ Raouf @ Abdul Rouf Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria. 2.

Munna Son of Late Raouf A,am @ Raouf @ Abdul Raouf Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria. 3.

Husni @ Most. Husna W/o Late Rao0uf Alam @ Raouf @ Abdul Raouf Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

4.

Pravin W/o Mohammad Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

5.

Sama Pravin W/o Ishtiyaq Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

6.

Sayana W/o Mosabbir @ Lalu Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

7.

Rubi W/o Kamal Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

8.

Musabbir @ Lalu Son of Late Raouf Alam @ Raouf @ Abdul Raouf Resident of Village - Chandradei, Ward no.4, P.S.- Araria (R.S.), Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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.

Patna High Court CR. MISC. No.24030 of 2021(2) dt.07-01-2022 2/3 The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Araria (R.S.) P.S. Case no. 717 of 2020 instituted for the offence under Sections 341, 323, 325, 354(B),379 and 504/34 of the Indian Penal Code.

The prosecution case relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons. They also snatched a silver chain from lady member of the informant side.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. There is case and counter case. Both parties have received injuries. 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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria (R.S.) P.S. Case no. 717 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.24030 of 2021(2) dt.07-01-2022 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Sushma/- U T