Md. Furkan@ Furkan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41118 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- MANIHARI District- Katihar ====================================================== Md. Furkan@ Furkan Son of Aajo @ Md. Riyajuddin Resident of Village - Narainpur, P.S.- Manihari, District - Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Giri, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Manihari P.S. Case No.40 of 2019, registered for the offence punishable under Sections 341, 384, 307/34 of the Indian Penal Code.
As per the FIR, the informant has gone along with JCB Machine to cut the soil, in the meantime, the petitioner along with other associates came and demanded extortion money, on refusal, they took out the pistol and started firing, whereupon the owner of the land including the informant fled away from there, but the nephew of the informant was caught and he was injured by the accused person.
Counsel for the petitioner submits that he was only
Patna High Court CR. MISC. No.41118 of 2019(3) dt.02-08-2019 2/2 member of mob and there is no injury report in the case diary, but consistent evidence has been made by the witnesses against the petitioner.
Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.
However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T