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Patna High CourtCR. MISC./47830/2018bail granted

Md. Haszam v. State Of Bihar And ANR

2018-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47830 of 2018 Arising Out of PS.Case No. -2429 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Haszam S/o Late Md. Hafiz, R/o Vill.- Harekh, P.S.- Sadar Begusarai, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dhruv Ram S/o Gauri Ram, r/o Vill.- Mahuabhusa, P.S.- Gau.., DistrictWest Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioner is apprehending his arrest in connection with Complaint Case No.2429 (C) of 2012 Tr. No.1075/17 registered for offences punishable under Sections 323, 504 and 420 of the Indian Penal Code.

Allegation against the petitioner is that by manipulation in the list, he has not given Indira Awas to the informant. Submission of learned counsel for the petitioner, who happens to be the B.D.O. of Gaunaha, West Champaran, that the informant has already been allotted the Indira Awas and as such he has not been given Indira Awas and in spite of that the present false and concocted case has been lodged against the petitioner. Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.47830 of 2018 (2) dt.21-08-2018 2/2 informant, they have opposed the prayer for anticipatory bail of the petitioner by stating that certain manipulation has been done by the petitioner in the list and due to which the informant has not been allotted Indira Awas.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Complaint Case No.2429 (C) of 2012 Tr. No.1075/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T