Md. Pappu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 85248 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== MD. PAPPU KHAN Son of Late Zammer Khan Resident of Village - Ward No.4, (Batholi), Bathauli, P.O.- Tilrath, P.S.- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gajendra Kumar Jha For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Learned counsel for the petitioner has filed a supplementary affidavit bringing on record certain facts. Let it be kept on record.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 308 & 354/34 of the Indian Penal Code. While the informant was cleaning the gate of her house petitioner along with other accused persons entered from back side of her house and all of them tried to taken away her. On alarm made by the informant, her cousin brother came in her rescue and saved her. One co-accused Tanveer Alam assaulted on her head by means of rod

Patna High Court CR. MISC. No.85248 of 2019(2) dt.14-02-2020 2/3 resulting head injury to her. Co-accused Md. Tareekh Anwar give a lathi blow on her leg and other parts of the body. Petitioner assaulted on the head of informant's cousin brother and co-accused Md. Sajjan assaulted on the body of Md. Wali causing injuries to him.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case due to land dispute. Both the parties are on litigating terms since long. It is further submitted that the injuries are simple in nature. Similarly situated coaccused, namely, Md. Tanveer Alam Khan @ Md. Tanveer Alam @ Chand has been enlarged on bail by a co-ordinate bench of this Court vide order dated 19.12.2019 passed in Cr. Misc. No. 84483 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection

Patna High Court CR. MISC. No.85248 of 2019(2) dt.14-02-2020 3/3 with Barauni P.S. Case No.189 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T