Patna High CourtCR. MISC./854/2024bail granted

Ashraf Chand @ Chand Ashraf v. The State Of Bihar

2024-01-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.854 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Ashraf Chand @ Chand Ashraf SON OF KARMULLAH VILL-KANTH CHAPARA, PS-PIPRA, EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 533 of 2023, registered for the offences punishable under Sections 447, 341, 323, 324, 307, 384, 427, 504, 506, 34, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation, when the informant was constructing building, all the FIR named accused persons along with 100 unknown persons came there and started indiscriminate firing. At the order of co-accused Osama, the accused persons started damaging house and vehicle of the informant. Further, they threatened him to kill and demanded as Rs. 1 crore as rangdaari.

Patna High Court CR. MISC. No.854 of 2024(2) dt.24-01-2024 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely been implicated in this case. Both the parties are agnates. There is land dispute between them. The petitioner is not named in the FIR. He has been made accused merely because he is the owner of JCB. There is case and counter case.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 533 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/- U T