Shafqat Imam Jilani @ Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37285 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Shafqat Imam Jilani @ Naushad, son of Shaukat Imam Jilani resident of Village- Kamrauli, P.S.- Kamtaul, District- Darbhanga .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Shama Sinha For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kamtaul Police Station Case No. 63 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.
It is submitted on behalf of the petitioner, referring to the First Information Report, that for an occurrence, which is said to have taken place on 24.4.2016, the First Information Report came to be registered on 30.04.2016. According to her, there is no apparent justification for such delay in registration of the First Information Report which casts serious doubt on the case of the prosecution. It has also been submitted that three different cases have been instituted with reference to the same occurrence, which had taken place in course of the
Patna High Court Cr.Misc. No.37285 of 2016 (2) dt.20-09-2016 2/2 last Panchayat Elections in the State. It has further been submitted that allegations are general in nature against the accused. Though there is allegation against the petitioner of giving blow with farsa, she submits that the injury has, however, been found to be simple in nature.
Considering the above submissions, this application is allowed.
Let the petitioner, Shafqat Imam Jilani @ Naushad, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga, in connection with Kamtaul Police Station Case No. 63 of 2016, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √