Shahabuddin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37004 of 2020 Arising Out of PS. Case No.-176 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

SHAHABUDDIN MIAN Son of Hasrul Mian Resident of Village- Viriti Tola, Donwar, Ward No.10, P.S.- Jogapatti, District- West Champaran. 2.

PUJALAM MIAN Son of Gani Mian Resident of Village- Viriti Tola, Donwar, Ward No.10, P.S.- Jogapatti, District- West Champaran. 3.

BHUTTI MIAN Son of Ganni Mian Resident of Village- Viriti Tola, Donwar, Ward No.10, P.S.- Jogapatti, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 379, 427/34 of I.P.C. The prosecution case, in short, is that the accused persons including the petitioners stolen away calf of the informant and later on dead body of calf was found in the husk house of one Santlal Mahto.

Patna High Court CR. MISC. No.37004 of 2020(2) dt.17-04-2021 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired merely on the basis of suspicion. There is no recovery of any incriminating article relating to theft from the possession of the petitioners. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Jogapatti (Shanichari) P.S. case No.176 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T