Md. Kadir @ Kadir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12103 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Kadir @ Kadir Hussain Son of Late Md. Hasan Resident of vill Satmalpur PS Warisnagar District Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Warisnagar Police Station Case No. 330 of 2023, dated 16.09.2023, disclosing offences punishable under Sections 341/447/323/324/307/379/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that in the morning of 16.09.2023, while the informant was at his home, all the accused persons, including the petitioner, arrived there and started abusing him and tried to remove the hut of the informant. Upon objection, coaccused Nabi Hasan, assaulted him by means of iron rod on his head and the petitioner snatched a sum of Rs.
Patna High Court CR. MISC. No.12103 of 2024(2) dt.12-03-2024 2/3 1200/- from the pocket of the informant.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute between the parties. The allegation of assault is upon co-accused Nabi Hasan. The allegation against the petitioner is that he snatched a sum of Rs. 1200/- from the pocket of the informant.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is no allegation of assault against the petitioner and the only allegation against him is that he snatched a sum of Rs. 1200/- from the pocket of the informant, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Warisnagar Police Station Case No. 330 of 2023,
Patna High Court CR. MISC. No.12103 of 2024(2) dt.12-03-2024 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √