Imran @ Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44188 of 2025 Arising Out of PS. Case No.-386 Year-2015 Thana- BARH District- Patna ====================================================== 1.

Imran @ Md. Imran S/O Late Md. Abdul Kalam Resident of MohallaMasud Bigha, Ward No.- 09, P.S- Barh, District- Patna, Presently resident of Mohalla- Kishanganj Bazar, Police Station- Kishanganj Town, Distt.- Kishanganj.

2.

Ishtiyaq @ Md. Ishtiyaq S/O Late Md. Abdul Kalam Resident of MohallaMasud Bigha, Ward No.- 09, P.S- Barh, District- Patna, Presently resident of Mohalla- Kishanganj Bazar, Police Station- Kishanganj Town, Distt.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Umesh Kumar Verma, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2025 Heard Mr. Umesh Kumar Verma, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 364, 326, 379, 448, 323, 354, 307 and 34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.

3. As per prosecution case, informant, namely Md. Munna, alleged that on 07.09.2015 at about 7:30 AM, all the F.I.R. named accused persons, including these petitioners, came to the shop of informant, assaulted him by means of iron rod

Patna High Court CR. MISC. No.44188 of 2025(2) dt.24-07-2025 2/3 and lathi and forcibly took his car key and Rs. 30,000/- cash. It is further alleged that while informant was being treated at the hospital, all the accused persons, including these petitioners, forcibly entered into his house and and attempted to commit rape with wife and sister of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. The present F.I.R. has been lodged on 07.09.2015 and after detailed investigation, police submitted final form against these petitioners on 18.09.2020 and after lapse of three more years, on 25.08.2023, the learned trial court took cognizance against these petitioners. There are general and omnibus nature of accusation against these petitioners.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.44188 of 2025(2) dt.24-07-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-1st, Barh in connection with Barh P.S. Case No. 386 of 2015, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T