Md. Intashar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24085 of 2020 Arising Out of PS. Case No.-1210 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Md. Intashar, aged about 27 years, Gender - Male, S/o Md. Iftekhar Alam, Resident of Village- Uttartola, Fakirna, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Advocate For the State :
Mr.Rajesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 1210 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427 and 504 of the Indian Penal Code. Prosecution case as per F.I.R. being written report dated 29.12.2019 of informant Wahid Ansari briefly is that on dated 29.12.2019 at around 5.30 evening, the informant along with his younger brother Izhar Ansari after visiting his land was returning on his car bearing Registration No.B.R.38Q/7007 and when reached near MBIT College, the petitioner along with 9 co-accused namely Iftekhar, Md. Jamal, Md. Izhar, Md. Anshar, Md. Aftab, Md. Babal, Md. Nehal,Md. Binayamin and Md.
Patna High Court CR. MISC. No.24085 of 2020(4) dt.04-01-2021 2/3 Sonu Ansari boarding in a four wheeler without having registration plate blocked the way by getting down from their vehicle who all were armed with deadly weapons started damaging the car of the informant by blow of lathi, danda and iron rod and forcefully caught the informant and his brother and dragged them out from their car and thereafter, all the accusedpersons have assaulted the informant's brother Md. Izhar Ansari intending to kill life. In the meanwhile, the petitioner was having revolver in his hand pointed the fire arm on informant and therafter took away a bag of informant containing cash of Rs.3 lacs and when Izhar tried to take cash containing bag, then co-accused Md.
Ansar has assaulted to Izhar by repeated blow of sword due to which Izhar has sustained severe injuries on his person; that the accused persons have also damaged the Samsung mobile set of informant's brother; that informant and his brother Izhar in serious condition was subsequently brought at Forbesganj Sub-Divisional Hospital for treatment with the assistance of some pesons gathered on spot of occurrence.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against
Patna High Court CR. MISC. No.24085 of 2020(4) dt.04-01-2021 3/3 the petitioner. He further submits that another co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 16.07.2020 passed in Cr. Misc. No.14174 of 2020. He further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for bail.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 1210 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T