Md. Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78826 of 2024 Arising Out of PS. Case No.-5 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Md. Haidar Son of Tauhid Resident of Village - Hardia, Police Station - Kundwa Chainpur, District - East Champaran at Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kundwa Chainpur Police Station Case No. 05 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that petitioner constructed a hut over the settled land of the informant's and on objection made by the informant and others, they were assaulted by accused persons. The allegation against the petitioner is that he along with two accused persons assaulted Istekhar with lathi and iron rod.

Patna High Court CR. MISC. No.78826 of 2024(2) dt.03-12-2024 2/3

4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties. He further submits that the police after investigation submitted final form not sending the petitioner for trial, however, learned magistrate differed with the police report and took cognizance against the petitioner vide order dated 13.10.2020. As such, the petitioner has apprehension of arrest.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that police after investigation exonerated the petitioner and submitted final form not sending him for trial, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 3, Sikrahana at Dhaka, East Champaran at Motihari, in connection with Kundwa Chainpur Police Station Case No. 05 of 2019,

Patna High Court CR. MISC. No.78826 of 2024(2) dt.03-12-2024 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T