Masleuddin @ Md. Maslehuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16981 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== MASLEUDDIN @ MD. MASLEHUDDIN Son of Jainuddin Resident of Village- Bhelahi, P.S.- Mahishi (Jalai), District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2019 The petitioner apprehends his arrest in connection with Mahishi (Jalai O.P.) P. S. Case No. 241 of 2018 registered under Sections 147,148,323,341,342,379,504 and 506 of the Indian Penal Code.
Allegation against the petitioner is that he along with other accused arrived at brick kiln of the informant and demanded 2000 bricks when informant refused, co-accused Md. Jainuddin threatened him with dire consequences and both went away. It is further alleged that at about 6:30 P.M, accused persons along with petitioner came with lethal weapons in their hand and surrounded the informant and at the behest of Jainuddin, petitioner gave iron blow on the head of the informant causing injury to him. It is further alleged that accused persons also snatched Rs. 86,000/- from the pocket of
Patna High Court CR. MISC. No.16981 of 2019(5) dt.15-07-2019 2/3 the informant.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics inasmuch as Jainuddin, co-accused, was elected as member of Panchayat Samiti as such due to political rivalry, petitioner along with other co-accused have been falsely implicated in this case. Learned counsel further submits that petitioner has got no criminal antecedent and injury caused to the informant is simple in nature, therefore, the police has not registered this case under Section 307 of the Indian Penal Code.
After having heard learned counsel for the parties and taking into consideration the fact that injuries are minor in nature, however, there appears to be political rivalry as one of the co-accused was elected as a member of Panchayat Samiti, as such, I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa in connection with Mahishi (Jalai O.P) P.S.Case No. 241 of 2018; subject to condition as laid
Patna High Court CR. MISC. No.16981 of 2019(5) dt.15-07-2019 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T