Niyaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46107 of 2022 Arising Out of PS. Case No.-368 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== 1.

NIYAZ KHAN Son of Nabi Hashan Khan R/v- Semra, P.S- Chakia, distEast Champaran Bihar. 2.

Azad Khan Son of Nabi Hashan Khan R/v- Semra, P.S- Chakia, dist- East Champaran Bihar.

3.

Imtiyaz Khan Son of Nabi Hashan Khan R/v- Semra, P.S- Chakia, dist- East Champaran Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Chakiya P.S. Case No.368 of 2020, registered for the offences punishable under Sections 341, 323, 452, 380, 376, 511, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against

Patna High Court CR. MISC. No.46107 of 2022(2) dt.05-12-2022 2/2 the petitioners. No material has come against the petitioners during the course of investigation. It is submitted that specific allegation is against co-accused, Mumtaz Khan. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the allegation against the petitioners are general and omnibus, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Chakiya P.S. Case No.368 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T