Aiqubal @ Md. Aiqbal @ Md. Aiqbal Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15009 of 2020 Arising Out of PS. Case No.-74 Year-2012 Thana- PALASI District- Araria ====================================================== AIQUBAL @ MD. AIQBAL @ MD. AIQBAL HUSSAIN Son of Asid @ Md. Asid Resident of Village - Madhel, P.S. - Palasi, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Palasi P.S. Case No. 74 of 2012, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
Prosecution case in brief is that on 20.07.2012 at 11.30 am while the informant was at his field, all the accused persons including this petitioner variously armed came there and started the assaulting the labourers of informant. It is submitted that petitioner has been falsely
Patna High Court CR. MISC. No.15009 of 2020(2) dt.02-07-2020 2/2 implicated in this case due to land dispute. FIR is against 38 accused persons including this petitioner. There is general and omnibus allegation. Specific allegation is against co-accused Bechan and Hannan. During course of investigation, the police did not find any material against this petitioner, but differing with the same learned court below took cognizance against the accused persons. Petitioner has got no criminal antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 74 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T