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Patna High CourtCR. MISC./46398/2022allowed

Abdul Mannan v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46398 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Abdul Mannan Son Of Fakir Mohammad R/O Village- Pachra, P.S.- Balrampur, Dist.- Katihar 2.

Smt. Najala Khatoon @ Najela Khatoon Daughter Of Wadood R/O VillagePachra, P.S.- Balrampur, Dist.- Katihar 3.

Danishta Parween @ Danishta Begam Daughter Of Nishad Alam @ Md. Nishad Alam R/O Village- Pachra, P.S.- Balrampur, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioners apprehend their arrest in connection with Balrampur P.S. Case No. 54 of 2022, registered for the offences punishable under section 420, 120(B)/34 of the Indian Penal Code and Section 7 of the E.C. Act.

Allegedly, the petitioners in collusion with co-accused is said to have committed fraud with the beneficiaries as they kept their Ration Card as well as Aadhar Card and defalcated the

Patna High Court CR. MISC. No.46398 of 2022(2) dt.05-12-2022 2/2 food grains of general public.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. No specific overt act has been attributed against the petitioners. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each 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 Balrampur P.S. Case No. 54 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/ Shahnawaz/- U T