Anwarul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.893 of 2021 Arising Out of PS. Case No.-1105 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

ANWARUL HAQUE Son of Late Fafikul Haque Resident of Village - Nazir Momin Lane Champanagar, P.S.- Nathnagar, Distt.- Bhagalpur. 2.

MD. MUSTAQUE Son of Ehshan Resident of Village - Masjid Lane Champanagar, P.S.- Nathnagar, Distt.- Bhagalpur. 3.

MD. IMTEYAZ Son of Ehshan Resident of Village - Masjid Lane Champanagar, P.S.- Nathnagar, Distt.- Bhagalpur. 4.

MD. TINKU Son of Kalimuddin Resident of Village - Sardarpur Bagwari, P.S.- Nathnagar, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioners and the State. Learned 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 Kotwali (Jogsar) P.S. Case No. 1105 of 2019 registered for the offence under Sections 147, 149, 341, 323, 353, 427 of the Indian Penal Code. Allegedly, while the informant along with armed forces was on duty in Bhagalpur University O.P. Bhagalpur to maintain law and order situation, the accused persons in a procession got stopped the police vehicle and thereafter, scuffle took place.

Patna High Court CR. MISC. No.893 of 2021(3) dt.25-02-2022 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Brick batting is said to have taken place at the place of occurrence. 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 of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 1105 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T