Patna High CourtCR. MISC./80198/2019bail granted

Md. Shamsher v. The State Of Bihar

2019-12-06Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80198 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== MD. SHAMSHER Son of Md. Bhutto Resident of Village- Naiya Tola Tamony Tapauni, P.S.- Kajraili, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Kajraili P.S. Case No. 56 of 2019 registered for the offence punishable under Sections 341/323/307/506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged act as described is wholly false and fabricated and the allegations are based on mere conjecture and surmises. It is further submitted that a bare perusal of the FIR reveals that the case was lodged after a delay of three years for which no plausible explanation has been given by the informant. It is next submitted that the petitioner and the informant are agnates and are having ensuing land dispute.

Patna High Court CR. MISC. No.80198 of 2019(2) dt.06-12-2019 2/2 Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, XIV, Bhagalpur, in connection with Kajraili P.S. Case No. 56 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T