Parvez Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85071 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== PARVEZ KHAN Son of Kasim Khan Resident of Village - Dariyapur, P.S.- Sangrampur, Motihari, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 128 of 2019 for the offence registered under Sections 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

The allegation is regarding the accused persons having had altercation with the informant on account of the informant being engaged in installing hand pump on the land in question without paying extortion money to the accused persons whereupon the accused persons are said to have assaulted the informant and his brother resulting in serious injuries on the person of the informant and his brother. As far as the petitioner is concerned, he is alleged to have ordered the other co-accused

Patna High Court CR. MISC. No.85071 of 2019(2) dt.20-12-2019 2/2 persons to assault the informant and his brother. The learned counsel for the petitioner has submitted that as far as the petitioner is concerned, there is no specific allegation of any sort of overt act against him resulting in any sort of injury being caused to the informant or his brother. The petitioner is stated to be having a clean antecedent. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 128 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T