Md. Baddruddin @ Md. Baddruddin Master v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20486 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- KHUTAUNA District- Madhubani ====================================================== Md. Baddruddin @ Md. Baddruddin Master S/o Sikandar Miyan, R/o VillageBagha Kusmar, P.S.- Khutauna, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Khutauna P.S. Case No. 3 of 2018 for offences punishable under Sections 147, 148, 323, 341, 342, 332, 353, 506 and 427 of the Indian Penal Code.
The prosecution case, as per the self statement dated 04.01.2018 of Satya Narain Sarang, Assistant Sub-Inspector of Police, Khutauns Police Station, Madhubani, to the effect that on 03.01.2018 at 10.30 P.M., the Deputy Superintendent of Police, Lupras, Madhubani, informed him to bring Abdul Qadir to the Police Station on the basis of suspicion of his involvement as he is accused in many cases, including Jhanjharpur P.S. Case No. 1 of 2018, registered for the offence
Patna High Court Cr.Misc. No.20486 of 2018(2) dt.20-04-2018 2/3 punishable under Section 392 of the Indian Penal Code. Thereafter, he along with police constables apprehended Abdul Qadir and proceeded towards the Police Station when some people surrounded the police party and got released Abdul Qadir.
It is submitted by the learned counsel for the petitioner that from the First Information Report itself, it appears that none received any injury. The First Information Report lodged belatedly as the occurrence took place on 03.01.2018. It is submitted by the learned counsel for the petitioner that the allegation against the petitioner is general and omnibus and, thereafter, the petitioner is a teacher in a Government school and the petitioner is not having criminal antecedent. A statement to that effect has been made in paragraph 3 of the petition.
The learned Additional Public Prosecutor submits that the accused persons, including the petitioner, obstructed the police personnel in discharge of their official duty. Considering the nature of general and omnibus accusation coupled with the fact that the petitioner is having no criminal antecedent, the prayer of the petitioner for grant of anticipatory bail is allowed, in the event of surrender/arrest of
Patna High Court Cr.Misc. No.20486 of 2018(2) dt.20-04-2018 3/3 the petitioner, named above, before the Court below, within six weeks from today in connection with Khutauna P.S. Case No. 3 of 2018. He shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Jhanjharpur, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.
(Dinesh Kumar Singh, J) Shamshad/- U