Md. Harun Rashid @ Md. Harun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49100 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- SUPAUL District- Supaul ====================================================== MD. HARUN RASHID @ MD. HARUN S/o Hazi Md. Akhtar Ali @ AKHTAR ALI Resident of Village - Pathra South Tola, Subhanpur, P.S.- Pipra, Dist.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This application, for grant of anticipatory bail, arises out of Supaul P.S. Case No. 219 of 2019, disclosing offences under Sections 341, 323, 307, 386/34 of the Indian Penal Code.

Allegation against the petitioner is of demand of rangdari and for that assaulting the informant causing injury to him.

Submission of learned counsel for the petitioner is that prior to lodging of the case by the informant, petitioner ha lodged a case against the informant with respect to misappropriation of money and due to which, the present false case has been lodged.

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has opposed the

Patna High Court CR. MISC. No.49100 of 2019(4) dt.20-11-2019 2/2 prayer for anticipatory bail on the ground that in this case process under Section 82 and 83 Cr.P.C. has already been exhausted, however, he failed to disclose the date on which the same has been effected.

In view of the above facts, this application is disposed of with direction to the petitioner to surrender in the court below within a period of three weeks from the date of receipt of a copy of this order in the court below and the court below shall verify as to whether, the process under Section 82 and 83 Cr.P.C. has been complied prior to filing of anticipatory bail application by the petitioner before the learned District & Sessions Judge, Supaul i.e. prior to 13.06.2019 and if it is found that process has been issued after filing of anticipatory bail application, the court below shall confirm the provisional bail of the petitioner already granted to him by a coordinate Bench of this Court vide order dated 06.08.2019, otherwise, the petitioner will have to surrender and pray for regular bail.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T