Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21160 of 2018 Arising Out of PS. Case No.-83 Year-2006 Thana- SIKTI District- Araria ====================================================== Md. Irfan, Son of Bijwa, resident of Village- Khoragachh Kathwa, P.S.- Sikty, District- Araria.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Baleshwar Kamat, Advocate For the Opposite Party :

Mr. Asharaf Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sikty P.S. Case No. 83 of 201606, registered for the offences punishable under Sections 341, 323, 384, 386, 379, 504/34 of the Indian Penal Code.

Allegedly, when the informant along with Ibrahim Ansari was returning to their village after attending Iftar party then in the way Habibur Rahman, the petitioner and Md. Abbas stopped the motorcycle of the informant started assaulting him and demanded cash of Rs. 10,000/- as ransom, when the informant showed inability the accused persons pointed the pistol at temporal region of the informant and snatched his motorcycle. The cause of occurrence is of enmity due to

Patna High Court Cr.Misc. No.21160 of 2018(2) dt.27-04-2018 2/2 panchayat election.

Submission is of false implication and that as a matter of fact that the informant had taken the money to purchase motorcycle and when the money was not returned his motorcycle was snatched and then he lodged this false case. Similarly situated co-accused Abbas has been allowed pre-arrest bail vide Cr. Misc. no. 37637 of 2016 by order dated 29.08.2017 by another co-ordinate bench of this Court vide Annexure-2 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the case of the petitioner is similar to that of Md. Abbas, In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 C.J.M., Araria, in connection with Sikty P.S. Case No. 83 of 2006, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T