Zafar @ Md. Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86455 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- TARABARI District- Araria ====================================================== 1.

ZAFAR @ MD. ZAFAR S/o Md. Rauf Resident of Village- Baturbari, Ward No.16, P.S.- Tarabari, Distt- Araria.

2.

Sarbar @ Sarwar Alam S/o Md. Aulad @ Aulad Resident of Village- Bochi Jilebi Chowk, Ward No.03, P.S.- Bairgachhi, Distt- Araria 3.

Akbar @ Md. Abar Alam S/o Md. Aulad @ Aulad Resident of VillageBochi Jilebi Chowk, Ward No.03, P.S.- Bairgachhi, Distt- Araria 4.

Irshad @ Md. Akmal S/o Md. Aulad @ Aulad Resident of Village- Bochi Jilebi Chowk, Ward No.03, P.S.- Bairgachhi, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Tarabari P.S. Case No. 141 of 2019 for the offence punishable under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioners having arrived at the Chowk and had intercepted the informant of this case, whereafter they started abusing and assaulting by fists and slaps as also threatened him.

The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and there is a general and omnibus allegation against them. It is further submitted that the impugned order dated 5.12.2019 would bear it out

Patna High Court CR. MISC. No.86455 of 2019(2) dt.24-01-2020 2/2 that the injuries, if any, found on the person of the injured are simple in nature.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners coupled with the fact that a general and omnibus allegation has been levelled against the petitioners and the injury, if any, found on the person of the injury, is simple in nature, I deem fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners, above named, are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Araria, in connection with Tarabari P.S. Case No. 141 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U