Kishan Bajaj @ Bulli Bajaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58470 of 2019 Arising Out of PS. Case No.-457 Year-2019 Thana- KATIHAR District- Katihar ====================================================== KISHAN BAJAJ @ BULLI BAJAJ Son of Late Sitaram Bajaj Resident of Mohalla- Churi Patti, Bara Bazar, P.S.- Katihar, District- Katihar. ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Subodh Kumar Jha, Advocate.
Mr. Bal Krishna Mishra, Advocate.
For the State :
Mr.Yogendra Kumar, A.P.P.
For the Informant :
Mr. Kundan Kumar Singh, Advocae.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioner apprehends his arrest in connection with Katihar (Town) P.S. Case No.457 of 2019 registered under Sections 342, 323, 353, 386, 420, 467, 506 and 365/34 of the Indian Penal Code.
The accusation is that on 19.07.2019 at about 08.00 A.M., the informant being the Municipal Commissioner, Katihar, proceeded from his house for office with the documents relating to No Confidence Motion in respect of the Chief Municipal Councillor boarding on Scooty. When the informant
Patna High Court CR. MISC. No.58470 of 2019(2) dt.17-09-2019 2/3 reached near Lohiya Nagar, the petitioner boarding on white colour four wheelers started to introduce himself as a notorious criminal and asked the informant to verify the same at the police station. Thereafter, three persons, named in the F.I.R., and some unknown catching hold the collar of the informant forcibly got him boarded in the vehicle and this petitioner took all the papers into his possession from his hand pointing the pistol and started to take him at some place and, in the way, took his signature on the papers forcibly. All the papers were in their possession. In the meantime, they called some persons, named in the F.I.R., started to abuse and to put pressure upon him to put signature on the proceeding papers. When the informant asked them not to do so, then Manjoor Khan after removing the papers, already pasted in the register, pasted the signed papers. Thereafter, this petitioner and Manjoor Khan gave threatening of dire consequences in case the information in this regard is given to the police by him.
Leaned counsel for the petitioner submits that, in fact, No Confidence Motion was moved against the Chief Municipal Councillor but the informant moved from his office for his residence to help the Chief Municipal Councillor regarding which information was given to the Officer Incharge of Katihar
Patna High Court CR. MISC. No.58470 of 2019(2) dt.17-09-2019 3/3 Town Police Station on 19.07.2019 at about 09.00 A.M. by the petitioner and one Pushpa Devi, due to that reason, the informant has lodged the present case. Moreover, Manjoor Khan and some others have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 13.09.2019 passed in Criminal Misc. No.57897 of 2019. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Katihar (Town) P.S. Case No.457 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T