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Patna High CourtCR. MISC./42052/2022allowed

Mukhtar Khan v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42052 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- SIKTI District- Araria ====================================================== Mukhtar Khan S/O Chamruddin Khan Resident Of Village - Pararia, Khan Tola, P.S. - Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sikty P.S. Case no. 17 of 2022 instituted for the offence under Sections 147, 149, 341, 323, 342, 307, 186, 353, 379, 504, 506 of the Indian Penal Code and Section 7 of the Essential Commodity Act.

The allegation against the petitioner that he created hindrance in discharging of official duties of the police personnel.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case on mere suspicion and without being any

Patna High Court CR. MISC. No.42052 of 2022(2) dt.07-12-2022 2/2 involvement of the petitioner in the alleged occurrence. It is further submitted that the petitioner has no concern with the alleged Urea fertilizers. Neither the petitioner was apprehend on spot and nothing has been recovered from his conscious possession. Similarly situated co-accused namely, Jahangir Khan & Rajique Khan have been granted bail by this court vide order dated 01.12.2022 in Cr. Misc. No. 39315 of 2022. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sikty P.S. Case no. 17 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T