Abdul Majid v. The State Of Bihar
Patna High Court Cr.Misc. No.26200 of 2017 (2) dt.08-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26200 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ====================================================== Abdul Majid s/o Late Samsul r/o vill.Chainpur, P.S. Srinagar, Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State.
Petitioner seeks bail in Srinagar P.S. Case No. 36 of 2017 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 436 and 379 of the Indian Penal Code. It is alleged that all the accused persons including the petitioner armed with deadly weapons came to the residential land of the informant and thereafter abused and assaulted the informant with lathi-danda. The accused persons also damaged the under constructed house of the informant and took away all the materials kept there for construction of the house. It is specifically alleged that on the order of this petitioner co-accused Noor Mohammad resorted to fire on the house of the informant. It has been submitted on behalf of the petitioner
Patna High Court Cr.Misc. No.26200 of 2017 (2) dt.08-06-2017 that the petitioner has been falsely implicated in this case due to village politics and this case is counter blast of Srinagar P.S. Case No.35 of 2017. In fact, the accusation is leveled in the background of land dispute. Moreover, the petitioner being a government teacher was not present on the place of occurrence on the alleged date of occurrence. There is no specific allegation of resorting fire against the petitioner and he is in custody since 30/03/2017. A statement has been made in paragraph no.3 that the petitioner has no criminal antecedent.
Learned APP for the State opposes the prayer for bail.
Considering the above facts and circumstances, this petition for bail is allowed and the petitioner named above, is directed to 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 A.C.J.M.-II, Madhepura, in connection with Srinagar P.S. Case No.36 of 2017. (S. Kumar, J) Ranjan/- U T