Rahmat Hawari @ Rahmat Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29463 of 2020 Arising Out of PS. Case No.-154 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== RAHMAT HAWARI @ RAHMAT MIYAN Son of Mir. Samim Hawari Resident of Village- Kachahri Tola (Belbatiya), P.S.- Sugauli, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Sugauli Police Station Case No. 154 of 2020, disclosing offences under Sections 341/342/323/379/504/506/34 of the Indian Penal Code and Section 37 (c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the prosecution Report, is that the petitioner, along with other co-accused person, in drunken condition, snatched a sum of Rs. 45,000/- from the informant near Sikrahana Railway bridge.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29463 of 2020(2) dt.15-12-2020 2/2 petitioner has falsely been implicated in this case due to civil dispute between the parties. He submits that both the parties have compromised their difference, which would be evident from Annexure-2 to this application.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that specific allegation has been made against the petitioner of snatching Rs. 45,000/-, in drunken condition, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

However, if the petitioner surrenders before the learned Court below within a period of four weeks from today and prays for grant of regular bail, the learned Court below will consider and dispose of the regular bail application on its own merits without being prejudiced by the dismissal of the present application for grant of anticipatory bail.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √