Amin Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63014 of 2018 Arising Out of PS. Case No.-312 Year-2018 Thana- HARSIDHI District- East Champaran ======================================================

1. Amin Mian, Son of Late Makdum Mian.

2. Hasan Tara @ Hasan Tara Khatun, Wife of Firoz Ansari,

3. Nazma Katoon, D/o Amin Mian,

4. Firoz Ansari, Son of Amin Mian,

5. Mustaque Ansari, Son of Amin Mian, All are resident of Village- Olaha Mishra Tola, P.S: Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Harsidhi P.S. Case no. 312 of 2018 registered for the offence punishable under Sections 341, 323, 225, 353, 504/34 of the Indian Penal Code.

Petitioner nos. 2 to 5 are said to have forcibly dragged away the petitioner no. 1 from the custody of the police.

It is submitted by the learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court Cr.Misc. No.63014 of 2018(2) dt.18-12-2018 2/2 Petitioners have no concern with the aforesaid occurrence. The petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather omnibus. It is high handedness of the police and he has lodged this false and frivolous case in collusion with the local chowkidar against the petitioners.

On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Motihari, District-East Champaran in connection with Harsidhi P.S. Case no. 312 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T