Imteyaz Ahmad And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.7506 of 2018 (3) dt.19-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7506 of 2018 Arising Out of PS.Case No. -92 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Imteyaz Ahmad son of Shekh Sammi
2. Sajjad Mian @ Sajjad Ahamad Son of Elauddin Mian Both are R/o- village- Telpur, Lauriya, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Sri Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-02-2018 Learned counsel for the petitioners seeks permission and is allowed to make necessary correction in the body of the petition during course of the day.
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Lauriya Police Station Case No. 92 of 2016, disclosing offences under Sections 147, 148, 149, 323, 324, 337, 338, 379, 447, 448 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, these petitioners have falsely been made accused in this case
Patna High Court Cr.Misc. No.7506 of 2018 (3) dt.19-02-2018 which is a counter version of Lauriya P.S. Case No. 91 of 2016. The police after investigation has also not found the case not to be true against these petitioners and submitted final form in this regard. Moreover, the co-accused, Aphar has also been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 51234 of 2016. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran, in connection with Lauriya Police Station Case No. 92 of 2016, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) brajesh/- U T