Patna High CourtCR. MISC./40723/2021partly allowed disposal

Md. Firoz Anwar v. The State Of Bihar

2022-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40723 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- GADHPURA District- Begusarai ====================================================== 1.

MD. FIROZ ANWAR SON OF MD. RAFI AHMAD R/o village- Malipur, P.S.- Gadhpura, District- Begusarai 2.

MD TAQUI ALAM @ CAPTON SON OF MD. NASIM ALAM R/o village- Malipur, P.S.- Gadhpura, District- Begusarai 3.

MD. RAGIV @ MD. RAGEEB S/O MD. NASIM ALAM R/o villageMalipur, P.S.- Gadhpura, District- Begusarai 4.

MD. EJAJ @ EJAJ S/O MD. ISRAFIL R/o village- Malipur, P.S.- Gadhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2022 Heard leaned counsel for the petitioners and learned APP for the State.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition in respect of petitioner nos.1, 2 and 3, above named.

Permission is accorded.

Accordingly, the petition of petitioners nos.1, 2 and 3 is dismissed as withdrawn.

So far petitioner no.4, namely, Md. Ejaj @ Ejaj is concerned, he is apprehending his arrest in a case registered for the offences punishable under Sections 147, 323, 504, 506, 353 and 188 of the Indian Penal Code.

Patna High Court CR. MISC. No.40723 of 2021(4) dt.28-02-2022 2/2 It is a case of intercepting the police officials who were discharging their official duties.

It is submitted by learned counsel for the petitioner that the petitioner no.4 has falsely been implicated in this case. He further submits that the petitioner no.4 has not been apprehended at the spot. He further submits that there is general and omnibus allegation against petitioner no.4 and he has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner no.4, namely, Md. Ejaj @ Ejaj in the event of his arrest or surrender before the court below within a period of four 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 CJM, Begusarai in connection with Gadhpura P.S. Case No. 11 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T