Ladli Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2649 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Ladli Mian Son of Amruddin Khan @ Amaruddhin Khan Resident of Village - Duar Chowk Bettiah, P.S.- Bettiah Town, Distt - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 365, 323, 324, 307, 504 and 506 of the IPC.
The prosecution case, as per the written report of Punit Giri dated 05.06.2019, submitted to the Station House Officer, Bettiah (Town) Police Station, is to the effect that on 25.05.2019 at about 3.30 P.M., the informant came to Chanakya Coaching Centre, from where seven FIR named accused persons including the petitioner forcibly took the informant behind showroom of Yamha Motorcycle and thereafter all the FIR named accused persons and 25 unknown persons surrounded the informant and
Patna High Court CR. MISC. No.2649 of 2020(2) dt.28-02-2020 2/3 assaulted him. It is further alleged that co-accused Nanki snatched a gold chain from the neck of the informant and coaccused Golu Kumar snatched Rs. 10,000/- from his pocket. It is submitted by learned counsel for the petitioner that for the alleged occurrence of 25.05.2019, the FIR was lodged on 05.06.2019. The accusation against the petitioner is omnibus and general and the injury of the informant has been found simple. It is further submitted that similarly situated co-accused Chandrabhushan @ Chandrabhushan Gupta and Shivam Mishra have been granted privilege of anticipatory bail by different benches of this Court, vide order dated 04.11.2019, passed in Cr. Misc. No. 64519 of 2019 and vide order dated 13.08.2019, passed in Cr. Misc. No. 50344 of 2019, respectively. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.
Considering the delayed lodging of the FIR, omnibus and general accusation being levelled against the petitioner and similarly situated co-accused persons being granted privilege of anticipatory bail by different benches of this Court, coupled with the fact that the petitioner is not having any criminal
Patna High Court CR. MISC. No.2649 of 2020(2) dt.28-02-2020 3/3 antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bettiah in connection with Bettiah Town P.S. Case No. 433 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T