Sabir Hussin @ Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58565 of 2023 Arising Out of PS. Case No.-1373 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

SABIR HUSSIN @ SABIR Son of Late Abdul Wahab Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran 2.

Ayasa Pravin W/o Sabir Hussain @ Sabir Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran 3.

Kamil Raja @ Saddam @ Mohd. Kami S/o Sabir Hussain @ Sabir Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran 4.

Nasrin Praveen @ Pinki @ Nasreen D/o Sabir Hussain @ Sabir Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran 5.

Nikhat Praveen @ Munni @ Nikhat D/o Sabir Hussain @ Sabir Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran 6.

Rijwan Alam @ Munna @ Rizwan Son of Sabir Hussain @ Sabir Resident of village - Kuawan Pachhimi Tola, P.S. - Chakia, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh For the Opposite Party/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard the parties.

2. Office pointed out that the notice has been personally received by the O.P. No.2 but nobody has entered appearance on his behalf.

3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 406, 504 of the Indian Penal Code.

4. Allegedly, the complainant asked the petitioners for his

Patna High Court CR. MISC. No.58565 of 2023(4) dt.18-01-2024 2/3 payment of Rs.72000/-, then the petitioner no.1 gave him Rs.21,000/- and for the rest Rs.51,000/- he assured to pay later. The allegation against the petitioners is that when the complainant went to ask for the rest of his payment, they assaulted the complainant and also snatched Rs.1000/- from him.

5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that petitioner no.1 has no factory in Delhi and the complainant is not an employee of the petitioner no.1. Petitioners have no criminal antecedent.

6. Learned APP for the State opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.58565 of 2023(4) dt.18-01-2024 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.1373 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T