Md. Izhar @ Izhar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5784 of 2016 Arising Out of PS.Case No. -41 Year- 2014 Thana -MAHILA P.S. District- ARRARIA ======================================================
1. MD. IZHAR @ IZHAR
2. Md. Ibrar @ Ibrar @ Md Abrar
3. Md. Mozzamil @ Mozzamil
4. Md. Abu Nasar @ Abu Nasar Petitioner No. ( 1 ) to ( 4 ) are Sons of Late Abdul Barik
5. Md. Tanbir @ Tanbir S/o Md. Nasim All residents of village - Murballa, P.S. Araria ( O.P.R.S. ) District - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 427, 448, 341, 323, 354B, 380 and 504/34 of the Indian Penal Code.
Allegation against the petitioners is that they assaulted and abused informant, who is a P.D.S. dealer. It is also alleged that they have taken away Rs.10,000/- from her counter. It is submitted on behalf of the petitioners that they have got no criminal antecedent. From perusal of the content of the F.I.R. it is not clear that on which date and on what time the alleged occurrence is said to have taken place. Petitioners have falsely been implicated in the present case as they used to protest against the informant, who is a P.D.S. dealer. Prior to the institution of the present case, petitioner no. 1 had filed a complaint case against the informant and others. On behalf of the State and informant, it is submitted that
Patna High Court Cr.Misc. No.5784 of 2016 (3) dt.09-03-2016 2/2 petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria, in connection with Araria ( Mahila) P.S. Case no. 41 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T