Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45631 of 2019 Arising Out of PS. Case No.-1002 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== 1.

ANWAR S/o- Tajuddin Resident of Village- Doria Sonapur, P.S.- Simraha, District- Araria.

2.

Sarwar S/O- Tajuddin Resident of Village- Doria Sonapur, P.S.- Simraha, District- Araria.

3.

Akbar S/O- Tajuddin Resident of Village- Doria Sonapur, P.S.- Simraha, District- Araria.

4.

Imran S/o- Karimuddin Resident of Village- Doria Sonapur, P.S.- Simraha, District- Araria.

5.

Imtiyaj @ Imtiyaz S/o- Nasiruddin Resident of Village- Doria Sonapur, P.S.- Simraha, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 This application, for grant of anticipatory bail, arises out of Forbesganj (Semraha) P.S. Case No. 1002/18 (G.R. No. 4073/2018), disclosing offences under Sections 3147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. Allegation as per F.I.R. is that petitioners and others came variously armed and co-accused, namely, Gugran and Rabban tied rope in the neck of informant and started dragging him and petitioners and others assaulted the informant and his friend and they also taken away one mobile phone and Rs. 17,000/- from the pocket of informant's friend.

Patna High Court CR. MISC. No.45631 of 2019(2) dt.24-07-2019 2/2 Submission of learned counsel for the petitioners is that in fact the informant and his friend was engaged in illegal business of sale of corex syrup, which was objected by the petitioners and other villagers, for which, an altercation of hot words took place and, thereafter, the informant came out with this false case and further no specific allegation has been attributed to the petitioners. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj (Semraha) P.S. Case No. 1002/18 (G.R. No. 4073/2018), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T