Sakkan @ Khalid Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77381 of 2019 Arising Out of PS. Case No.-104 Year-2012 Thana- SULTANGANJ District- Patna ====================================================== SAKKAN @ KHALID HASSAN S/o Md. Munna @ Ahmed Hassan R/o village- Dargah Bigha, P.S.- Sultanganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Sultanganj P.S. Case No. 104 of 2012, disclosing the offences under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the First Information Report that the persons named therein were trying to uproot the informant's cattle shed forcibly and when their act was objected to, the petitioner opened fire. There is no allegation, however, in the First Information Report that any person received any firearm injury.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.77381 of 2019(2) dt.17-12-2019 2/2 there is land dispute between the parties and the informant is trying to grab the ancestral landed property of the petitioner, because of which altercation had taken place. Be that as it may, considering the nature of accusation, in my opinion, the case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, in connection with Sultanganj P.S. Case No. 104 of 2012, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T