Belu Khan @ Md Belu Khan @ Md Abrul Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19125 of 2022 Arising Out of PS. Case No.-113 Year-2020 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Belu Khan @ Md Belu Khan @ Md Abrul Khan, Son Of Late Aziz Khan Resident Of Village- English Chichroun, P.S.- Akbarnagar, DistrictBhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 385, 308, 506, 435, 379/ 34 of the Indian Penal Code and later on, Section 307 of the I.P.C. was also added. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 26.10.2020 when he was ploughing his field, the accused persons including the petitioner came and demanded Rs.1,00,000/- and threatened that in the event, if the payment is not made, they will not allow him to work in the field and on refusal to pay money, the accused persons came and it is alleged

Patna High Court CR. MISC. No.19125 of 2022(2) dt.30-09-2022 2/3 that they assaulted the informant's son causing injury on his head, leg and hand. It is next alleged that even informant was assaulted by lathi and rod causing swelling on his both hands and the accused persons snatched Rs.30,000/- from the informant.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner and the informant are agnates and there is a land dispute between the parties. It is also submitted that no doubt, the injuries of the informant is simple in nature, but one of the injuries of the son of the informant is grievous, but as far as allegation of assault is alleged, the same is general and omnibus in nature i.e. no specific allegation of assault is alleged against any of the accused persons including the petitioner. It is also submitted that petitioner is not a criminal. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.19125 of 2022(2) dt.30-09-2022 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Akbarnagar P. S. Case No.113 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T