Md. Karu @ Md. Mahphuj Ali @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15877 of 2020 Arising Out of PS. Case No.-200 Year-2018 Thana- MAHKAR District- Gaya ====================================================== 1.

MD. KARU @ MD. MAHPHUJ ALI @ KARU Son of Md. Jahangir Resident of Village - Saraunji, P.S. Mahkar, District - Gaya. 2.

Md. Jahangir son of Atidaj Resident of Village - Saraunji, P.S. Mahkar, District - Gaya.

3.

Md. Aurangzeb Son of Usman Resident of Village - Saraunji, P.S. Mahkar, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2020 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 petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 447, 341, 342, 323, 384, 504, 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons demanded rangdari from the Ward Member and Ward

Patna High Court CR. MISC. No.15877 of 2020(3) dt.31-08-2020 2/3 Secretary for completion of the welfare scheme of the government.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. In this case, cognizance has been taken for an offence under sections 323, 353, 504, 506 and 34 of the Indian Penal Code. No cognizance has been taken under section 384 IPC. Due to political rivalry, the petitioners have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -IX, Gaya in connection with Mahkar P.S. Case No. 200/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.15877 of 2020(3) dt.31-08-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each 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) Pankaj/- U T