Amir Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39314 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Amir Khan, aged about 43 years, male, Son of Late Kalimullah Khan, Resident of Village - Natwar Semaria, Police Station - Revelganj, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Bindhyachal Singh, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Rivilganj P.S. Case No. 119 of 2020, dated 13.04.2020, instituted for the offences under Sections 504, 506 and 353 of the Indian Penal Code. The accusation against the petitioner is of having doled out threats on telephone to an understrapper in the
Patna High Court CR. MISC. No.39314 of 2020(2) dt.08-12-2021 2/3 office of the Block Development Officer for having reported about non-completion of the work under the special project started in the name of the Chief Minister.
The learned counsel for the petitioner has submitted that, at present, his wife is the Mukhiya of the local Panchayat and because of her enemies, this false case has been lodged.
With respect to other cases listed in paragraph 3 of the bail application, it has been submitted that such cases were lodged against the petitioner while he himself was the Mukhiya and in all such cases, he is on bail. It has, therefore, been submitted that the offence remains inchoate.
Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of three weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saran at Chapra in
Patna High Court CR. MISC. No.39314 of 2020(2) dt.08-12-2021 3/3 connection with Rivilganj P.S. Case No. 119 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) Praveen-II/- U T