Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7758 of 2019 Arising Out of PS. Case No.-342 Year-2016 Thana- Jokihat District- Araria ====================================================== Md. Shahabuddin, Son of Late Md. Abdul Rahim, aged about 55 years, Male, R/o Village- Karhobna, P.S.- Jokihat, District - Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

04-04-2019 Heard Sri Kundan Kumar Singh , learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who was named accused in the F.I.R., which was lodged long back on 21-10-2016, vide Jokihat P.S. Case No. 342 of 2016 registered for the offence under Sections 341, 323, 324, 307, 506, 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that there was case and counter case in between the parties. Learned counsel for the petitioner has drawn my attention to Annexure-2 to the petition i.e. copy of F.I.R., vide Jokihat P.S. Case No. 344 of 2016, which was instituted from the petitioner's side against informant and his family members. It

Patna High Court CR. MISC. No.7758 of 2019(3) dt.04-04-2019 2/3 has also been argued that at least four accused persons in the present case have been granted anticipatory bail on 17-12-2018, vide Cr. Misc. No. 68911 of 2018. On aforesaid ground, a prayer has been made for granting anticipatory bail. First of all, I may notice Annexure-2 to the petition i.e. a written report with thumb impression of one Bibi Afsana, in which, it was alleged that occurrence had taken place on 09-09-2016, the date, on which occurrence had taken place in the present case. The said F.I.R. was lodged on 24-10-2016, whereas in the present case, F.I.R. has been lodged on 21-10-2016 and fardbeyan was recorded in Rajendra Surgical Block, P.M.C.H., Patna in injured condition.

Accordingly, no benefit can be granted on the ground that there was so called counter case from the petitioner's side. Besides this, in the present F.I.R., fact has been disclosed that in the year 2008 also, a case was instituted against petitioner and others from the informant side and informant was being pressurized in the said case and this was the reason for committing crime in the present case.

Patna High Court CR. MISC. No.7758 of 2019(3) dt.04-04-2019 3/3 cases were instituted from the informant side. The Court is of the opinion that provision under Section 438 of the Cr.P.C. is not meant for such person, who is having criminal antecedent.

The prayer for anticipatory bail stands dismissed. (Rakesh Kumar, J.) anay U T