Md. Mukhtar v. The State Of Bihar

Patna High Court Cr.Misc. No.40197 of 2016 (2) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40197 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -JOGBANI District- ARRARIA ====================================================== Md. Mukhtar son of late Gaffar, resident of Village- Amouna, Police Station- Jogbani, District- Araria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party : Mr. Sri Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in Jogbani P.S.Case No.12 of 2016 for the offences alleged under Sections 341, 323, 324, 307 and 379/34 of the IPC .

The prosecution case is that on 10.02.2016 while the informant was returning to his home with his friend Imtiaz on a motorcycle, this petitioner also came there and his brother Iltaz also came there with another motorcycle and after overtaking the informant stopped him. The petitioner took away the key of motorcycle of the informant and inflicted dagger blow on Md. Imtiaz but he anyhow escaped. When the accused tried to take away the motorcycle of the informant, the informant protested, then this petitioner inflicted dagger blow on the informant which caused injury on his neck and the accused took away Rs.15,000/-, a mobile

Patna High Court Cr.Misc. No.40197 of 2016 (2) dt.06-10-2016 phone and a silver chain from the informant.

It has been submitted by learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that the injury caused on the informant has been found to be simple in nature, hence, no case under Section 307 of the IPC is made out. He further submits that he has got no criminal history as is evident from paragraph-3 of this application and that good relations have been restored between the parties.

However, learned APP for the State submits that the petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may since the petitioner has been implicated on the basis of suspicion and that he has no criminal antecedent, let the above named petitioner in the event of his arrest or surrender before the learned court below within a period of eight weeks 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 Additional Chief Judicial Magistrate-I, Araria in connection with Jogbani P.S.Case No.12 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J) B.Kr./- U T