Shakil @ Sakil @ Shakil Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50761 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

Shakil @ Sakil @ Shakil Alam Son of Sainuddin Resident of Village - KhokoBasti Ward No. 12, Desyatoli P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 72 of 2019 registered for the offence punishable under Sections 341, 323, 307, 325, 354(B), 379, 506/34 of the Indian Penal Code.

Co-accused Sainudin and 20 other FIR named accused persons including the appellant were constructing the house on the land of the informant, and on protest, they assaulted the informant and his family members by means of Dab, Basila, lathi, iron rod etc. Petitioner and co-accused Akhlak assaulted the informant, Afsar Alam and Sahil on their

Patna High Court CR. MISC. No.50761 of 2019(3) dt.16-11-2019 2/3 head and co-accused Gulfaraj snatched Rs. 20,000/- of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. As a matter of fact, co-accused Sainudin has lodged Bahadurganj P.S. Case No. 71 of 2019 against the informant and others preceding to the case under hand, and in order to save skin from the said case, informant has lodged this false and frivolous case against the petitioner and others. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Victims have sustained simple injury in the occurrence. Petitioner has no criminal antecedent. Learned counsel for the informant also conceded the factum of sustaining simple injury by the victims in the occurrence.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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. Kishanganj in connection with Bahadurganj P.S. Case No. 72 of 2019, subject

Patna High Court CR. MISC. No.50761 of 2019(3) dt.16-11-2019 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T