Mintu @ Dastagir @ Dastageer @ Md. Dastgeer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1231 of 2024 Arising Out of PS. Case No.-145 Year-2016 Thana- HATHAURI District- Muzaffarpur ====================================================== Mintu @ Dastagir @ Dastageer @ Md. Dastgeer Son of Atikur Rahman R/o Village- Khanpur, P.S.- Hathauri District -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aquaib Khan For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 149, 341, 323, 436, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 19.12.2016 at 10 pm, while the informant was sleeping, in the meanwhile, someone sprinkled petrol behind his house and set fire, in which, five cows, goat etc. as well as paddy crops were burnt and this petitioner alongwith others were seen fleeing away from there.
4. It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is apparent that this petitioner has been made accused in this case only on suspicion and he was simply seen fleeing away from the place of occurrence. Petitioner has been made accused in this case due to previous enmity. As a
Patna High Court CR. MISC. No.1231 of 2024(2) dt.07-02-2024 2/2 matter of fact, prior to this case, co-accused Md. Mumtaz has filed a case against informant and others, vide Town P.S. Case No. 814 of 2016 (Annexure - 2) and in retaliation, this false and concocted case has been lodged against them.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the nature of accusation, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned J.M. 1st Class, Muzaffarpur East in connection with Hathauri P.S. Case No. 145 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T