Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53953 of 2017 Arising Out of PS.Case No. -44 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akhtar Hussain, son of Late Md. Hafiz, resident of village - Izra, P.S. - Sangrampur, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, in the present, case, is seeking Anticipatory Bail in connection with Gobindganj P.S. Case No. 44/2015 for the offences under Sections 406, 420, 323, 504, 506, 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that, from the First Information Report, it would appear that the allegation of receiving money for the job was leveled against one Pappu Pandey who has been granted privilege of anticipatory bail by a co-ordinate Bench of this court in Cr. Misc. No. 42586/2017. It is further submitted that this petitioner had no concern with the college in question and only because he is a co-villager, he has been falsely implicated in this case. Further, from Annexure-4, it

Patna High Court Cr.Misc. No.53953 of 2017 (2) dt.09-11-2017 will appear that the informant has already received a sum of Rs. 2,00,000/- from the Secretary Md. Nurain of the Muslim Talimi Anjum, Bettiah, on the pretext that he would not be able to work pursuant to the letter mentioned therein.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within a period of four weeks, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Motihari, East Champaran, in connection with Gobindganj P.S. Case No. 44/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that he will report to the Investigating Officer and shall join investigation within a period of two weeks from today.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T