Md. Tanwir @ Tanweer Shamsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15766 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- BARSOI District- Katihar ====================================================== Md. Tanwir @ Tanweer Shamsi Son of Late Master Muzib Resident of Village - Dubi Subhi, P.S. - Barsoi (Sudhani O.P.), District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323,, 384, 379, 427, 504, 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons including the petitioner came and misbehaved with the

Patna High Court CR. MISC. No.15766 of 2021(2) dt.10-02-2022 2/2 informant and snatched Rs. 50,000/- from him and also damaged construction equipment.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. The allegation levelled against the petitioner is denied by him.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Five criminal cases are pending against him. There is an allegation of demand of extortion against him.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner in connection with Barsoi (Sudhani O.P.) P.S. Case No. 10/2019. Prayer is rejected. However, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T