Md. Tanwir Alam @ Putal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37644 of 2014 Arising Out of PS.Case No. -16 Year- 2012 Thana -BANMANKHI District- PURNIA ======================================================

1. Md. Tanwir Alam @ Putal son of Md. Nazrul Hasan @ Bhulla

2. Md. Nasim son of Late Sadrul

3. Sedhwo @ Salika, Son of Md. Taslim

4. Mister Mandal son of Late Mausi Mandal, all resident of Vill. Belabadan, P.S. Banmankhi, District-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Ram Shankar Das (Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2..

24-03-2015.

Heard both sides.

Petitioners, four in numbers, apprehend their arrest in a case under section 504 and other sections of the I.P.C. The informant alleged that the petitioners having deadly weapons entered his house and started abusing by caste name. Learned counsel for the petitioners submits that the informant is the Panch and petitioner no.1 is the Chairman of PACS. The informant was demanding money from the PACS in lieu of purchasing paddy.

It is submitted that the police, after investigation, submitted final form finding the case to be false but the learned court below, took cognizance differing with the view of the Investigating Officer.

Having considered the fact that the case was found to be false and accordingly the I.O. submitted the final form and thereafter the learned court below took cognizance differing with

Patna High Court Cr.Misc. No.37644 of 2014 (2) dt.24-03-2015 the view of the I.O., the petitioners, named above, in the event of their arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S.Case No.16 of 2012, subject to condition laid down u/s 438(2) Cr.P.C.

(Prabhat Kumar Jha, J.) ahk/- U T