Md. Parwez Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6884 of 2018 Arising Out of PS. Case No.-89 Year-2017 Thana- BIRAUL District- Darbhanga ====================================================== MD. PARWEZ SHAHID, S/o Azizul Haque, Resident of Village- Mirzapur, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fahad Khurshid Mr. Ansul For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Biraul P.S. Case No. 89 of 2017 registered for the offence punishable under Sections 147, 148, 341, 323, 324, 354, 307, 448, 380 and 504 of the Indian Penal Code. The case of the prosecution is that the accused persons including the petitioner herein had assaulted the prosecution side resulting in grievous injury to the members of the prosecution side.

The learned counsel for the petitioner submits that the impugned order would bear it out that no injury is on record of the case diary which belies the allegations of the informant. It is

Patna High Court Cr.Misc. No.6884 of 2018(3) dt.20-02-2018 2/3 further submitted that apparently there is a land dispute and therefore the false allegations levelled by the prosecution cannot be ruled out. The petitioner is stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case, deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, 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 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Biraul P.S. Case No. 89 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is directed that the petitioner shall join investigation and he would be present at the place where he is directed to appear by the Investigating Agency and in case, he does not cooperate with the investigation, the prosecution would be free to approach this Court for cancellation of bail. It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned Police Station at 10:00 A.M., on each Monday of the week and in the

Patna High Court Cr.Misc. No.6884 of 2018(3) dt.20-02-2018 3/3 event of two consecutive defaults, the present privilege of the anticipatory bail shall stand cancelled automatically. (Mohit Kumar Shah, J) S.Sb/- U T