Shabbir @ Md. Shabbir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65523 of 2021 Arising Out of PS. Case No.-727 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

Shabbir @ Md. Shabbir Alam Son Of Late Saryat Ali Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria. 2.

Murtaza @ Md. Murtaza Rahmani Son Of Shabbir @ Md. Shabbir Alam Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria.

3.

Shoukat @ Shaukat Ali Son Of - Shabbir @ Md. Shabbir Alam Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria. 4.

Rahbar @ Md. Rahbar Islam Son Of Anwar Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria. 5.

Shamshad @ Shamshad Alam Son Of Late Saryat Ali Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria. 6.

Rajjaque @ Abdur Rajjaque Son Of Late Saryat Ali Resident Of Village - Sherniya Bhag Mohabbat, P.S. - Araria (R.S), District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 It appears vide order dated 16.05.2022 and 08.09.2022, the application with respect to petitioner Nos. 2 and 4, namely Murtaza @ Md. Murtaza Rahmani and Rahbar @ Rahbar Islam has already been withdrawn. So far as rest of the petitioners are concerned, the petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323,

Patna High Court CR. MISC. No.65523 of 2021(5) dt.07-11-2022 2/3 354(B), 324, 379, 427, 504, 506/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the petitioners variously armed came on the shop of the informant and started to abuse and demanded to remove his shop from that place. It is also alleged that they assaulted the informant.

It is submitted by learned counsel for the petitioner that the petitioners are innocent and have falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also received injuries. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, except petitioner Nos. 2 and 4, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (R.S.) P.S. Case No. 727 of

Patna High Court CR. MISC. No.65523 of 2021(5) dt.07-11-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T