Md. Akbar @ Ali Akbar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38259 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Md. Akbar @ Ali Akbar, Son of Md. Ibrahim,
2. Md. Laddu @ Zamil Akthar, Son of Md. Sohail, Both R/o VillageDaniyalpur, Ward No.18, P.S.- Teghara, District- Begusarai.
3. Kanchan Singh @ Kanchan Kishore Singh, Son of Late Kailash Singh, R/o Village- Kasba Madhurapur, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Teghra P.S. Case No. 262 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 379, 504, 506, 286, 447 of the IPC and under Section 27 of the Arms Act. The informant in his written report submitted to the S.H.O. of Teghra P.S. has alleged that he was sitting in his shop on 22.10.2016 at 3.00 p.m. In the meantime a procession proceeded through the road under the leadership of Nasima Khatoon, Chief Councelor, Teghra. The procession stopped in front of his shop and the processionist started abusing the informant, tried to snatch his rifle and looted cash. In the meantime, crackers were lit on fire and thrown in the shop of the informant. Thereafter, the police
Patna High Court Cr.Misc. No.38259 of 2017 (02) dt.18-08-2017 2/2 came at the place of occurrence.
Learned counsel for the petitioners submits that in the alleged occurrence none has sustained injury. The informant had lost no confidence motion and so out of annoyance he has lodged this case after a lapse of 24 hours whereas, the police station situates near the place of occurrence. He further submits that the petitioners are quite innocent and have been falsely implicated in this case due to local politics.
Learned Additional Public Prosecutor opposed the aforesaid submission.
Considering the omnibus allegation against the petitioners and the facts and circumstances, as stated above, this application for anticipatory bail is allowed.
Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Teghra P.S. Case No. 262 of 2016, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) khushbu/- U T