Md. Rinku @ Md. Asif Imam @ Md. Pinku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19196 of 2024 Arising Out of PS. Case No.-140 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Md. Rinku @ Md. Asif Imam @ Md. Pinku Son Of Md. Salam @ Salam Resident Of Village- Banaulia, P.S.- Bihar, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 140 of 2022, instituted under Sections 147, 148, 149, 188, 323, 337, 307, 504 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, on getting information that at 10 A.M. on a disputed land situated in Mauza Hajipur, Makhdumpur bearing Khata No. 115, Khesra No. 179 Area 90 decimal Khesra No. 181 Area 15 decimal and Khesra No. 85 Area 21 decimal, for which proceeding under Section 107 Cr.P.C. was initiated and a proposal was sent for proceeding under Section 144 Cr.P.C., two parties are trying to establish their respective possession, the informant/ Police Inspector, Bihar P.S. along with other police personnel reached there.
Patna High Court CR. MISC. No.19196 of 2024(2) dt.28-03-2024 2/2 Seeing the police team, both parties started to flee away. The police recovered one cartridge from there.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Nothing has been recovered from possession of the petitioner. No one has sustained any injury. It is further submitted that though there is allegation of indiscriminate firing between two rival groups but only one cartridge has been recovered from the field.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bihar P.S. Case No. 140 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T