Ibrar Ahmed And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47261 of 2016 Arising Out of PS.Case No. -623 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Ibrar Ahmed son of late Md. Suleman

2. Md. Kaishar Rizwan @ Kaishar Rizwan son of late Haidar Raja, Suspended in-charge Principal Maulvi Both Resident of Vill-Bahpura, P.S- Bihta, District- Patna (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bihta P.S. Case No. 623 of 2015 for the offences punishable under sections 409, 406, 420 and 34 of the I.P.C.

On behalf of the petitioners it is submitted that they have been falsely implicated due to the local politics, there is no iota of material against them and all the allegations are baseless and concocted, no beneficiary has come forward to state anything, Civil Writ Jurisdiction Case No. 5319 of 2014 was filed by the Managing Committee and the petitioners and the impugned order

Patna High Court Cr.Misc. No.47261 of 2016 (3) dt.18-01-2017 2/2 dated 21.11.2014 was quashed and direction was given to take fresh decision in accordance with law. In this case other two coaccused have been allowed pre-arrest bail vide Cr. Misc. No. 45389 of 2016 by another co-ordinate Bench of this Court and as such the petitioners also deserve sympathetic consideration. The learned A.P.P. submits that during investigation the allegation as made in the First Information Report has been supported by the witnesses.

In the facts and circumstances as stated above, considering that two co-accused have been allowed pre-arrest bail and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. A.C.J.M. Danapur, Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T