Md. Shahnawaz Akhatar @ Shahnawaz Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50257 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Md. Shahnawaz Akhatar @ Shahnawaz Akhtar Son of Syed Masood Akhatar Resident of Mohalla- Namat Kadah Aliganj Road No.12, P.S.- Chandauti, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed. Rizwanul Haque, Advocate For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-10-2019 Heard Learned counsel for the petitioner and learned counsel for the informant.
The petitioner in the present case is seeking anticipatory bail in connection with Civil Lines P.S. Case No. 44 of 2019 registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the present case is a counter blast of Civil Lines P.S. Case No. 43 of 2019 which has been lodged by this petitioner against the informant's brother. It is submitted that earlier the petitioner had lodged a complaint case bearing no. 525 of 2015 under Section 420 IPC and Section 138 N.I. Act in which while granting privilege of anticipatory bail to the informant's brother of this
Patna High Court CR. MISC. No.50257 of 2019(3) dt.21-10-2019 2/3 case, the learned co-ordinate Bench of this Court had vide order dated 31.07.2018 imposed a condition whereunder the informant's brother was liable to deposit a bank draft of Rs. 1,35,000/- at the time of his surrender but the informant's brother has not surrendered and has not deposited the bank draft so far. It is submitted that the present case has been lodged by the informant just to falsely implicate the petitioner. Learned APP submits that in course of medical examination no bodily injury has been noticed and only bodily pain has been mentioned in the injury report.
Considering the facts and circumstances of the case, in the nature of the previous litigation and the fact that in the case diary no bodily injury has been found on the body of the informant, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Civil Lines P.S. Case No. 44 of 2019 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself
Patna High Court CR. MISC. No.50257 of 2019(3) dt.21-10-2019 3/3 available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T