Asif Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29174 of 2024 Arising Out of PS. Case No.-446 Year-2023 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Asif Akhtar S/o Isamul Haq Resident of 279, First Floor, Road no. -3/E, New Patliputra Colony Near OYO Patliputra Heritage Guest House P.S.- Patliputra, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dwarika Prasad Singh S/o Late Raghuraj Singh R/o-B-102, Om Nirmalya, Nageshwar Colony, P.S.- Budha Colony, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samrendra Jha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that inadvertently it has been pleaded that petitioner is a person with clean antecedent but then petitioner has antecedent of one case for which a supplementary affidavit has been filed. It is further submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil to which a criminal colour has been given. It is next submitted that wife of the petitioner was a tenant of the informant and on

Patna High Court CR. MISC. No.29174 of 2024(2) dt.20-06-2024 2/2 account of dispute with respect to tenancy, the instant false case came to be instituted implicating the petitioner.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Srikrishna Puri P.S. Case No. 446 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T