Md. Aftab Iliyas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41334 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- SANHAULA District- Bhagalpur ====================================================== MD. AFTAB ILIYAS son of Late Iliyas Khan Village Ps- Sanhoula DistBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 385, 307, 461, 427, 504, 506 of the Indian Penal Code.
3. The informant alleges that since extortion money was not paid, as such, eight named accused persons including the petitioners came at his shop and started abusing and thereafter, Iliyas broke the glass of the shop and when Sourabh and Bhibhash came, the accused assaulted them, it is next alleged that Shadab and Aftab assaulted Bhibhash and Sourabh with rod causing injury on their head and son of Gyas Khan assaulted Shankar Thakur and petitioner No. 1 was armed with
Patna High Court CR. MISC. No.41334 of 2023(2) dt.03-08-2023 2/3 pistol.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that Sunil Kumar who is also an accused in the present case had filed a writ application with regard to encroachment against the brother of the informant, as such, the present false case came to be instituted, it is next submitted that Sunil Kumar along with three other have been granted the privilege of anticipatory bail by order dated 03.08.2023 in Cr. Misc. No. 40706 of 2023, it is next submitted that petitioner along with Shadab is alleged to have assaulted Bhibhash and Sourabh with rod causing injury on their head but then the injury is simple in nature.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.41334 of 2023(2) dt.03-08-2023 3/3 is pending/successor court in connection with Sanhoula P.S. Case No. 157 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T