Farhat Shabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54164 of 2021 Arising Out of PS. Case No.-79 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== FARHAT SHABBIR SON OF LATE SHABBIR ALAM R/O D.D. ROAD, WARD NO-16, P.S.- FORBESGANJ, DIST.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 386, 387 and 34 of the IPC. There is an allegation of extortion upon the petitioner, who is said to have sent one Binod Bhindwar for threatening the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that no material against the petitioner has been collected during investigation. The police

Patna High Court CR. MISC. No.54164 of 2021(3) dt.25-07-2022 2/2 has filed the final form against the petitioner but differing with the same, learned court below has taken cognizance against him, on the basis of the case diary. Petitioner has five criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering that the final form has been submitted and there is no material against the petitioner, in the case diary, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Forbesganj P.S. Case No.79 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T