Nawaj Sharif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38214 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

NAWAJ SHARIF S/o Salim Mian under guardianship of Rojidan Khatun (Mother) R/o village- Bahurupia, Dani Mian Tola, P.O.- Sugauli, P.S.- Sugauli, District- East Champaran.

2.

Sajaha @ Sahazahan Alam S/o Salim Mian R/o village- Bahurupia, Dani Mian Tola, P.O.- Sugauli, P.S.- Sugauli, District- East Champaran. 3.

Islam Mian S/o Bholajan Main @ Tuna @ Mawl Mian @ Md. Shahabuddin R/o village- Bahurupia, Dani Mian Tola, P.O.- Sugauli, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Matloob Rab For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Sugauli P.S. Case No. 53 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, of the Indian Penal Code. Allegation against the petitioners as per the written report is that while the informant was coming by vehicle, the petitioners and other co-accused persons surrounded him and snatched rupees two lacs from him. Further allegation is that petitioner No. 1 and 2 thrash him on the ground and assaulted him by means of lathi and other co-accused assaulted him by means of knife and sword.

Patna High Court CR. MISC. No.38214 of 2019(3) dt.29-08-2019 2/2 Submission of the learned counsel for the petitioner is that so far as petitioner No.1 is concerned Supervising Authority has not found case true against petitioner No. 1 and so far as other petitioners are concerned they have been falsely implicated in this case and they have no criminal antecedent. Heard learned A.P.P. and learned counsel for the informant has also appeared suo motu by filing Vakalatnama. It is submitted that injuries sustained by the injured is grievous in nature and the allegations levelled against the petitioners are serious in nauture of snatching rupees two lakhs. Having heard both sides, in view of the allegation as discussed above and perused the material available on record, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners is directed to surrender before the learned Court below and make prayer for regular bail on the basis of material available on record. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T