Bablu Khan @ Md. Jahangir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.618 of 2023 Arising Out of PS. Case No.-688 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bablu Khan @ Md. Jahangir Khan Son of Late Pahim Khan R/v- Salimabad Fulhara, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 354(B) and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, while the informant was at her door and talking to her neighbours, in the meantime, co-accused Lalpari Devi came and started abusing and also threatened her with direct consequence. Thereafter at the instance of Lalpari Devi, 200 co-villagers of her village having variously armed came there, this petitioner ordered them to kill the informant and commit loot. Thereafter, 25 FIR named accused persons along with 200 unknown committed loot, misbehaved with female

Patna High Court CR. MISC. No.618 of 2023(2) dt.07-04-2023 2/2 members and also set the huts on fire.

It is submitted that as per the FIR petitioner is only order giver. There is no allegation of commission of loot or assault against this petitioner. Moreover, there is delay of three days in lodging of the FIR. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 688 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T