Dablu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6010 of 2021 Arising Out of PS. Case No.-110 Year-2019 Thana- AGIAON District- Bhojpur ====================================================== 1.

DABLU MIYAN Son of Ahmad Ali Resident of Village - Gadhani, P.S. - Charpokhari, District - Bhojpur.

2.

MD. CHHOTU S/O Badarruddin Ansari Resident of Village - Gadhani, P.S. - Charpokhari, District - Bhojpur.

3.

SAMSHAD ALAM @ CHHOTE MIAN S/o Sabir Ali Resident of Village - Gadhani, P.S. - Charpokhari, District - Bhojpur. 4.

AFTAB ANSARI @ SADDAM HUSSAIN S/o Zabbar Ansari Resident of Village - Gadhani, P.S. - Charpokhari, District - Bhojpur. 5.

SADDAM HUSSAIN S/O Badarruddin Ansari Resident of Village - Gadhani, P.S. - Charpokhari, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 332, 188, 353, 308, 327, 504 and 506 of the Indian Penal Code.

The prosecution allegation, in short, is that the

Patna High Court CR. MISC. No.6010 of 2021(2) dt.17-12-2021 2/3 accused persons by forming unlawful were protesting against the arrest of co-accused persons, created obstruction in official duty and also assaulted on police party.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by local Chowkidar. Except for this, there is no other substantive evidence to suggest their implication in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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, Bhojpur at Ara in connection with Agion (G) P.S. Case No. 110 of 2019, subject to the conditions as laid down

Patna High Court CR. MISC. No.6010 of 2021(2) dt.17-12-2021 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T