Ishrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3487 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== 1.

Ishrat W/O Mohammad Sikander Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna.

2.

Julie W/O Mohammad Jinna Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna.

3.

Sarika D/O Mohammad Zafar Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna.

4.

Aisha Khatoon W/O Mohammad Sadik Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna.

5.

Hasina Khatoon W/O Mohammad Mahtab Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna. 6.

Mohammad Taslim S/O Mohammad Sadik Resident Of Mohalla-Dargah Road, Police Station-Sultanganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

Patna High Court CR. MISC. No.3487 of 2021(3) dt.29-11-2021 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 224, 225, 353, 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise & Prohibition Act. It is alleged in the F.I.R that on receiving secret information that one Zinna is selling illegal liquor, raid was conducted in the house of Zinna. The police seized 5.25 litres foreign liquor and arrested Zinna. However, when the accused was taken out of his house, the petitioners and others forcefully got him released from the clutches of the police.

It is submitted by learned counsel for the petitioners that nothing has been recovered from the possession of the petitioners and since the petitioners are related with Zinna, they have been made accused in the present case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.3487 of 2021(3) dt.29-11-2021 3/3 the petitioners, above named, except petitioner No. 6, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3864 of 2020, arising out of Sultanganj P.S. Case No. 163 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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