Md. Abid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48634 of 2019 Arising Out of PS. Case No.-381 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== MD. ABID, aged 50 years(M), Son of Late Md. Saheed Resident of Village - Muradan Tola, Ward No. 11, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2019 Heard both sides.

The petitioner apprehends his arrest in Teghra P.S. Case No.381 of 2018 registered under Sections 307, 385, 354 and other Sections of the Indian Penal Code.

The informant named the petitioner along with five other accused persons and alleged that they came and asked the informant not to attend the Court and do pairvi in Complaint Case No.1264C of 2011. The accused persons asked the informant to pay Rs.30,000/- to compensate the loss incurred by the accused persons in pursuing the case. It is alleged that Lal Babu assaulted the informant with iron rod on his head causing blood oozing. Other family members of the informant are also alleged to have been assaulted.

The learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.48634 of 2019(2) dt.05-08-2019 2/2 specific allegation of assault is made against the petitioner. Petitioner is of course alleged to have accompanied Lal Babu but in fact no occurrence as alleged by the informant has taken place. The informant has already filed the Complaint Case No.1264C of 2011 and Complaint Case No.1699 of 2018 against the petitioner and others. This is a third case which is lodged by the informant on account of animosity between two sides.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No.381 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U