Abu Nasar @ Md. Abu Nasar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44052 of 2023 Arising Out of PS. Case No.-427 Year-2021 Thana- JOKIHAT District- Araria ====================================================== Abu Nasar @ Md. Abu Nasar Son Of Mohammad Ziauddin @ Jabul Resident Of Village - Bagdahra, Ward No. 7, P.S. - Jokihat, Distt. - Araria ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Sunil Kumar, Junior Engineer, Electric Supply Division Jokihat Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anamul Haque, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP Mr. Dr.Anand Kumar, R.Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, the State and the informant.
2. The petitioner apprehends his arrest in connection with Jokihat P.S. Case No. 427 of 2021 registered for offence punishable under sections 147, 149, 341, 323, 353, 427, 379, 506 of the Indian Penal Code.
3. As per allegation, the accused persons including the petitioner, in drunken condition attacked the members of the electricity department when they were collecting revenue. They dismantled the computer, destroyed meter reading printer and snatched Rs. 22,000/-.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.44052 of 2023(2) dt.08-08-2023 2/2 implicated in this case due to village politics. F.I.R. has been lodged after inordinate delay of 4 days without any explanation which renders the entire prosecution case doubtful. Petitioner claims clean antecedent. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 51542/2022.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Jokihat Police Station Case No. 427 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T