Siraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13876 of 2020 Arising Out of PS. Case No.-294 Year-2017 Thana- RANIGANJ District- Araria ====================================================== SIRAJ Son of Md. Sharif R/o Rampur, P.S.- Ramoganj, Dist.- Araria (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 341, 323, 307, 379, 506, 504 of the Indian Penal Code.

Allegedly, in course of returning the informant and his brother from market, in the way, the accused persons having weapons in their hands, surrounded them. On the instigation of one accused, the other accused assaulted the informant with Farsa as a result of which, the informant sustained injury. It is

Patna High Court CR. MISC. No. 13876 of 2020(2) dt.26-06-2020 2/3 also alleged that one Islam took out Rs. 25,000/- from informant's pocket.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 05-03-2020 passed in Cr. Misc. No. 68516 of 2019. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 294 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No. 13876 of 2020(2) dt.26-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T