Ahamad Hussain @ Ahmad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64734 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ahamad Hussain @ Ahmad Hussain, son of Late Ashique Hussain, Resident of Village- Jamuara, P.S. and District- Sheikhpura, ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP For the Informant : Mr. Abu Bakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Sheikhpura P.S. Case No.52 of 2018 registered under Sections 341, 323, 354B, 379, 504 and 506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that a false and fabricated case has been instituted six days after the alleged incident for which there is no plausible explanation. He further contended that the instant case has been instituted with ulterior motive in order to put undue pressure upon the petitioner by the informant.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner.

Patna High Court Cr.Misc. No.64734 of 2018(2) dt.13-12-2018 2/2 Considering that in course of investigation notice was issued under Section 41A of the Code of Criminal Procedure and in compliance of the same the petitioner had appeared before the police and co-operated with the investigation as also that the first information was belatedly instituted after six days, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.52 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T