Md. Meraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19955 of 2018 Arising Out of PS. Case No.-160 Year-2017 Thana- KEOTI District- Darbhanga ====================================================== Md. Meraj age about 18 Years S/o Md. Sabir, R/o Village- Koyala Asthan, P.S.- Keoti, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shama Sinha For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,307,379 and 504/34 of the IPC.
The prosecution case as per the written report of Vikas Yadav dated 4.10.2017 submitted to the SHO, Keoti is to the effect that on 4.10.2017 the informant was returning home when this petitioner and five six unknown persons started abusing and assaulting him. They snatched Ten Thopusand Rupees cash, one golden locket worth Rupees Sixteen Thousand, Aadhar Card, Driving Licence and mobile phone worth Rupees Fourteen Thousand. The accused persons wanted to snatch the vehicle of the informant also but on protest being made, one of the accused assaulted with the butt of pistol on the nose of the
Patna High Court Cr.Misc. No.19955 of 2018(2) dt.06-04-2018 2/3 informant, as a result he became unconscious. It is submitted by learned counsel for the petitioner that in the background of political rivalry the accusation has been levelled since the petitioner and the informant belonged to two dominant political parties of the State. Though final opinion of the doctor with regard to the injury has not come but prima facie, it appears that the injury has been found to be simple in nature. After rejection of the anticipatory bail application of the petitioner by the learned Sessions Judge, the informant has retracted from the initial version and filed a petition before the learned court below on 16.2.2018. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submit that the accusation is specific against the petitioner.
Considering the nature of accusation, nature of injury recorded in impugned order, retracted version of the informant and the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.19955 of 2018(2) dt.06-04-2018 3/3 each to the satisfaction of the learned ACJM-VII, Darbhanga, in connection with Keoti P.S. Case No. 160 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U