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Patna High CourtCR. MISC./34687/2023allowed

Hazrat @ Md Hazrat v. The State Of Bihar

2023-07-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34687 of 2023 Arising Out of PS. Case No.-128 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== Hazrat @ Md Hazrat, S/O Md Jalil R/O Fatehpur, Ward No. 07, P.SNarpatganj, Dist.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chhatapur P.S. Case No. 128 of 2020 instituted under Sections 436, 504, 506 and 34 of the Indian Penal Code.

3. It is a case of setting informant's hut on fire by the accused persons.

4. Learned counsel for the petitioner submits that due to land dispute between the informant and the petitioner, petitioner has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. There is no eye-witness to the occurence. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Mister has been granted anticipatory bail by a

Patna High Court CR. MISC. No.34687 of 2023(2) dt.21-07-2023 2/2 Coordinate Bench of this Court vide order dated 26.07.2022 in Criminal Misc. No. 501 of 2022. Petitioner has no criminal antecedent.

5. Learned A.P.P. opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 128 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T