Md. Inamul Haque @ Inamul @ Inamul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.964 of 2021 Arising Out of PS. Case No.-338 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MD. INAMUL HAQUE @ INAMUL @ INAMUL HAQUE S/o Mohiburahman @ Md. Mohibur Rahman @ Mohiburi Rahman Resident of Village- Laxmipur Purandaha, P.S.- Simraha, Distt- Araria. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner as well as learned APP. for the State.
Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. The petitioner apprehends his arrest in connection with Forbesganj (Simraha) P.S. Case No. 338 of 2020 (G.R.No. 1436 of 2020) registered for the offence punishable under Sections 447, 341, 323, 324, 325, 307, 354, 427, 379, 504, 506/34 of the Indian Penal Code.
The informant Md. Mateen made an allegation that when he went to his field, he saw that accused persons were constructing minda (Mahar) on his land. On protest, they assaulted him with fists and slaps and when the son of the informant Abu Nasar came to rescue him, co-accused Mojibur Rahman assaulted him by farsa on
Patna High Court CR. MISC. No.964 of 2021(2) dt.28-10-2021 2/2 his head.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is general and omnibus in nature. The specific allegation of inflicting farsa blow is not against the present petitioner rather it is against co-accused Mojibur Rahman who has been granted anticipatory bail by a learned coordinate Bench of this Court vide order dated 11.8.2021 in Cr. Misc. No. 1151 of 2021. Considering the facts and circumstances of the case, this court does not seem any reason as to why the same benefit should not be given to the present petitioner. As such, let the petitioner abovenamed in the event of his arrest or surrender within four weeks before the court below 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 C.J.
M, Araria in connection with Forbesganj (Simraha) P.S Case No. 338 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.