Jahangir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39315 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- SIKTI District- Araria ====================================================== 1.

Jahangir Khan Son of Chamruddin Resident of village- Padariya, Khan Tola Ps- Sikty, Dist- Araria 2.

Rajique Khan Son of Late Jalil Khan Resident of village- Padariya, Khan Tola, PS- sikty, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sikty P.S. Case no. 17 of 2022 instituted for the offence under Sections 147, 149, 341, 323, 342, 307, 353, 186, 379, 506, 504 of the Indian Penal Code and Section 7 of the Essential Commodity Act.

Allegation against the petitioner is that he created hindrance in discharging the official duty of the police personnel.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.39315 of 2022(2) dt.01-12-2022 2/3 has submitted that petitioners are innocent and have committed no offence. He has falsely been implicated in this case on mere suspicion and without being any involvement of the petitioners in the alleged occurrence. Petitioners have no concern with the alleged Urea fertilizers. It is further submitted that neither the petitioners were apprehended on spot and nothing has been recovered from their conscious possession. Similarly situated co-accused namely, Sujit Kumar Sah has already been granted bail by this court vide order dated 29.11.2022 in Cr. Misc. No. 35735 of 2022.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sikty P.S. Case no. 17 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria subject to the conditions as laid

Patna High Court CR. MISC. No.39315 of 2022(2) dt.01-12-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T