Md. Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14048 of 2021 Arising Out of PS. Case No.-201 Year-2017 Thana- BISFI District- Madhubani ====================================================== 1.

MD. TABREJ Md. Raja Khalifa Resident of Village- Bhairha, P.S.- Bisfi, District- Madhubani.

2.

Md. Ali Md. Tammne Resident of Village- Bhairha, P.S.- Bisfi, DistrictMadhubani. 3.

Md. Mistar @ Md. Masood Alam Son of Md. Noor Alam Resident of Village- Bhairha, P.S.- Bisfi, District- Madhubani. 4.

Md. Shakeel Son of Late Sagir Ahmad Resident of Village- Bhairha, P.S.- Bisfi, District- Madhubani.

5.

Md. Rasid Son of Late Taslim Resident of Village- Bhairha, P.S.- Bisfi, District- Madhubani.

6.

Fakre Alam Son of Late Md. Warish Resident of Village- Bhairha, P.S.- Bisfi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of 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 through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a

Patna High Court CR. MISC. No.14048 of 2021(2) dt.04-01-2022 2/3 period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Bisfi P.S. case No.201 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 353, 452, 504 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners entered into the house of the informant and assaulted him.

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. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The dispute relates to supply of electricity. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact

Patna High Court CR. MISC. No.14048 of 2021(2) dt.04-01-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M., Benipatti, Madhubani in connection with Bisfi P.S. case No.201 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 petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T