Fatkan Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19571 of 2019 Arising Out of PS. Case No.-28 Year-2017 Thana- AMAUR District- Purnia ====================================================== Fatkan Harijan, Son of Late Mangal Harijan @ Mangalu Harijan, Resident of Village- Larhaiya, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 28.01.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 384, 379, 307, 427, 448, 504 and 506 of the Indian Penal Code.

The prosecution case is that the informant, Pradeep Kumar Harijan gave Rs.Four lakhs to co-accused Parmeshwari Harijan for execution of sale deed of 4 decimals of land, but he did not execute the sale deed, thereafter, this petitioner again demanded a big amount of money for getting the sale deed executed. It is also alleged that the petitioner and other coaccused attacked on the house of the informant, assaulted the handicapped wife and also daughter of the informant and

Patna High Court CR. MISC. No.19571 of 2019(2) dt.02-04-2019 2/2 damaged the household articles of the informant It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused Parmeshwari Harijan and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Moreover, there is nothing on record to suggest that anyone received any injury.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the thrust of accusation against coaccused Parmeshwari Harijan and investigation has already being concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 28 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T