Patna High CourtCR. MISC./50627/2017bail granted

Pintu Khan @ Mintu Khan v. The State Of Bihar

2017-11-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50627 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Pintu Khan @ Mintu Khan son of Late Jahangir Khan, resident of villageAkhini, P.S.- Nuaon (Ramgarh), District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parwej Khan, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Ramgarh (Nuaon) P.S. Case No.164 of 2017 registered under Sections 341, 323, 448, 354, 504 and 506/34 of the Indian Penal Code (for short 'IPC').

It is submitted by the learned counsel for the petitioner that save and except Section 354 of the IPC, all other Sections of the IPC are bailable in nature. So far as Section 354 of the IPC is concerned, even from the allegations made in the FIR, the ingredients of the offences alleged would not be attracted. He submitted that the petitioner is a neighbour of the informant and he has been implicated falsely in the present case due to land dispute.

Patna High Court Cr.Misc. No.50627 of 2017 (2) dt.09-11-2017 2/2 Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Having regard to the nature of allegation, the petitioner is directed to 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 Additional Chief Judicial Magistrate-1, Kaimur at Bhabua in connection with Ramgarh (Nuaon) P.S. Case No.164 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T