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Patna High CourtCR. MISC./20678/2015bail granted

Md. Parwez Alam And ANR v. The State Of Bihar

2015-06-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20678 of 2015 Arising Out of PS.Case No. -454 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Parwez Alam

2. Md. Naurej Alam Both are Sons of Sheikh Moienuddin resident of village - Rampur, Kodarkatti, P.S + District- Araria, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-06-2015 Heard Sri Bindeshwar Kumar, learned counsel for the petitioners and learned A.P.P.

Two petitioners, apprehending their arrest in connection with Araria P.S. Case No. 454 of 2014 registered for the offence under Section 147, 149, 384, 406, 420, 120(B), 467, 468, 471 and 34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners submits that initially a complaint was filed before the court of learned Chief Judicial Magistrate, Araria, which was referred to the Police under Section 156 (3) of the Cr.P.C., and as such, the present F.I.R. was lodged. He submits that from the F.I.R. it is evident that the informant had given power of attorney in favour of two accused

Patna High Court Cr.Misc. No.20678 of 2015 (2) dt.18-06-2015 2/2 namely, Md. Wazid and Bibi Tabassum, wife of Md. Wazid. It was alleged that both the accused persons have withdrawn certain amount from the Bank Account of the informant. It has been argued that co-accused Bibi Tabassum has already been extended the privilege of anticipatory bail and so far as Md. Wazid is concerned, he has been granted regular bail by this court. In view of nature of accusation as well as the fact that one of the co-accused has been extended the privilege of anticipatory bail, let both the petitioners namely, Md. Parwez Alam and Md. Naurej Alam be enlarged on bail in the event of their arrest or surrender within a period of one month from today on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned Magistrate, Araria, in connection with Araria P.S. Case No. 454 of 2014 in terms of the conditions as contemplated under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J) Praful/- U T