Mustaque Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23116 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Mustaque Ali Son of Md. Hanif Resident of Village- Dahuwabari, PS Kursakanta, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Nawalkishore Pd(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The prosecution case is that on 24.04.2016 while the informant was returning home at about 8.30 P.M. the petitioner being the Ex-Mukhiya along with 100 people started slogan against the candidate of the informant in the ensuing Panchayat Election. It is alleged that the accused persons

Patna High Court Cr.Misc. No.23116 of 2016 (2) dt.23-05-2016 2/3 surrounded the informant when co-accused Sonu the son of the petitioner inflicted iron rod blow on the head of the informant causing injury who fell on the ground. Co-accused Monu, Ebu @ Abrar, Kalam and Israr assaulted Md. Imran @ Guddu. Coaccused Sakrulla, Niyaz, Jahid and Babul took away wrist watch, gold chain and cash of rupees fifteen thousand from Guddu. Further co-accused Md. Kamrul, Fekna, Rabban, Bechan, Jamil, Naushad and 6o-70 unknown with intent to kill the informant and started assaulting with lathi, danda and iron rod and on the order of the petitioner, co-accused Sanif, Wasim, Amrul, Esrajul, Doma and Jabbar forcibly obtained L.T.I. of Moid and Yunus on plain paper.

It is submitted by learned counsel for the petitioner that in the background of political rivalry the present accusation has been levelled and there is no specific accusation of assault against the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court Cr.Misc. No.23116 of 2016 (2) dt.23-05-2016 3/3 Magistrate-2, Araria in connection with Kursakanta P.S. Case No. 46 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T