Mohammad Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27362 of 2021 Arising Out of PS. Case No.-369 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== Mohammad Salim S/O Late Mohammad Kalam R/O Mohalla Samanpura, Madarsa Road, Raja Bazar, P.O-B.V College, P.S-Shastri Nagar, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 150, 447, 341, 323, 504, 506, 379 of the Indian Penal Code and Section 37(C ) of the

Patna High Court CR. MISC. No.27362 of 2021(2) dt.01-02-2022 2/3 Bihar Prohibition & Excise Act.

It is alleged that when the informant protested against filling soil by tractor in his vacant land, this petitioner threatened the informant by pointing pistol on him. The other accused persons are alleged to have assaulted the informant by fists and slaps. The petitioner is also alleged to have snatched gold chain of the informant.

It is submitted by learned counsel for the petitioner that in the background of some land dispute, the present F.I.R has been registered. Moreover, for a civil nature of dispute, the petitioner has been prosecuted in a criminal proceeding. There is no injury report on record. There is no specific accusation of assault against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.27362 of 2021(2) dt.01-02-2022 3/3 surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Patliputra P.S. Case No. 369 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T