Mojahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6956 of 2020 Arising Out of PS. Case No.-268 Year-2018 Thana- JOKIHAT District- Araria ====================================================== MOJAHID Son of Ishaque Resident of Village- Dhobinia, P.S.- Jokihat, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel representing the petitioner and learned counsel for the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Jokihat P.S. Case No. 268 of 2018 instituted for the offence under Section(s) 341, 323,324,307,379 and 504/34 of the Indian Penal Code.

The informant has alleged that petitioner along with other

Patna High Court CR. MISC. No.6956 of 2020(4) dt.26-06-2020 2/3 named co-accused have assaulted and threatened him with life and snatched Rs. 1,000/- from the informant's pocket. Petitioner's counsels submits that he has no criminal antecedents. The allegation is based on past money dealing between the parties. The informant has suffered simple injury though allegation is that petitioner has assaulted by means of 'dabiya'. It is further submitted that money dispute has been resolved and parties have compromised the issue for which petition has been filed vide Annexure-3 in the Court of C.J.M. Araria.

The learned APP for the State opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Araria, in connection with Jokihat P.S. Case No. 268 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:-

Patna High Court CR. MISC. No.6956 of 2020(4) dt.26-06-2020 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T