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Patna High Court - Orders

Perwez Alam & Anr vs State Of Bihar on 4 August, 2010

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.24663 of 2010
                        PERWEZ ALAM & ANR
                                Versus
                          STATE OF BIHAR
                                  with
                      Cr.Misc. No.25197 of 2010
                       DEEPAK KUMAR SINGH
                                Versus
                          STATE OF BIHAR
                               -----------

2.   04.08.2010

Learned counsel for the petitioners is permitted to make necessary correction, the name of father of petitioner no. 2.

Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 342, 447, 323, 364, 469 and 467 of the Indian Penal Code.

It is alleged by the informant that he was being taken away forcibly by the accused persons including the petitioners and given some intoxicant but subsequently the informant found himself in his house when he regained consciousness.

It is submitted by learned counsels for the petitioners that petitioner no. 1 is practicing advocate at Bikramganj and for same occurrence petitioner side lodged Bikramganj P.S. Case No. 64 of 2010 on 17.4.2010 at 10:00 A.M. against the informant of the present case which came to be registered under sections 2 447, 341, 323, 379 of the Indian Penal Code, whereas the present case was lodged from the same occurrence at 3.30 P.M. on 17.42010. Moreover another case as contained in Annexure-3 being Bikramganj P.S. Case No. 48 of 2010 was registered against the informant of the present case in which the petitioner Deepak Kumar Singh is informant and the petitioner no. 1 is the witness.

So far as Hasnain Khan is concerned, it is submitted that he happens to be the relative of Parvez Alam, hence he is roped in the present case.

Considering the nature of allegation and lodging of the case by the petitioners side much prior to the present case, let the petitioners, namely (1) Perwez Alam (2) Hasnain Khan (3) Deepak Kumar Singh in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 66 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C.

Anand Kr.                                 ( Dinesh Kumar Singh, J.)