Md. Mojim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11721 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== MD. MOJIM S/o- Late Rajjak @ Late Md. Rajjak, R/o Village- Jhitkiya, P.S.- Singeshwar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioner has submitted that the age of the petitioner is 75 years, but due to typographical mistake, it has been mentioned as 36 years. Let it be corrected.

The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 83 of 2021 registered for offence punishable under sections 341, 427, 436/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.11721 of 2022(2) dt.17-09-2022 2/3 As per allegation, the land mentioned in the FIR is purchased land of the informant and jamabandi has been created in his name. The accused persons including the present petitioner, committed arson in hut situated thereon. The household article worth Rs.80,000/- were burnt. The accused persons have also demanded ransom prior to this occurrence and in this respect, Singheshwar P.S. Case No. 224 of 2020 was lodged against them.

The learned counsel for the petitioner has submitted that the petitioner is an old person of 75 years. There is case and counter case and there is previous land dispute between the parties. The alleged arson has not been committed by the accused persons, rather it was an accidental fire, in which some household articles of the petitioner have also burnt. He has also submitted that the petitioner is not accused in Singheshwar P.S. Case No. 224 of 2020 and he is a person of clean antecedent. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.11721 of 2022(2) dt.17-09-2022 3/3 learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 83 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T