Syed Zulfaquar Wasfi @ Syed Zulfaquar @ Md. Tamane @ Tamanne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23172 of 2020 Arising Out of PS. Case No.-112 Year-2018 Thana- SAMASTIPUR District- Samastipur ====================================================== SYED ZULFAQUAR WASFI @ SYED ZULFAQUAR @ MD. TAMANE @ TAMANNE Son of Late Syed Ahmad Akthar wrongly mentioned as Late Zulfaquar Wasfi Resident of Mohalla- Dharampur, Town, P.S. and DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr. S. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 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. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 365 of the Indian Penal Code. Prosecution allegation, in short, is that that son of the informant was abducted by the accused persons.

Patna High Court CR. MISC. No.23172 of 2020(2) dt.30-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. Considering the nature of allegations made in the F.I.R., no case for abduction is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 112/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T