Majhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54896 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- TARABARI District- Araria ====================================================== 1.

MAJHAR S/O MD. KASIM @ KASIM R/O VILLAGE- BATURBARI WARD NO. 10, P.S- TARABARI, DISTT.- ARARIA.

2.

BADRUN NISHAN @ BADRUN NISHA W/O PANCHU ALAM R/O VILLAGE- BATURBARI WARD NO. 10, P.S- TARABARI, DISTT.- ARARIA.

3.

TARANUM @ TARANNUM W/O MD. AKHTAR R/O VILLAGEBATURBARI WARD NO. 10, P.S- TARABARI, DISTT.- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(App), A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 353,225,341,323, 504, 506 and 34 of the IPC and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos. 2 and 3 are women and allegation is of recovery of 2.600 liters of cough syrup from the possession of Md. Raja. It is next alleged that the named accused

Patna High Court CR. MISC. No.54896 of 2023(2) dt.24-08-2023 2/3 persons including the petitioners scuffled with the informant and got Md. Raja released from the police custody.

4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that petitioners have been falsely implicated in the present case, it is next submitted that the allegations as alleged in the FIR are general and omnibus in nature i.e., no specific overt act has been alleged against any of the petitioners, it is next submitted that police falsely implicated the petitioner and released Md. Raja.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in

Patna High Court CR. MISC. No.54896 of 2023(2) dt.24-08-2023 3/3 connection with Tarabari P.S. Case No. 45 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T