Akhter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 86908 of 2019 Arising Out of PS. Case No.-367 Year-2019 Thana- JOKIHAT District- Araria ====================================================== AKHTER S/o Islam R/o village- Belwa, P.S.- Palasi, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Jokihat P.S. Case No. 367 of 2019, registered for the offence punishable under Sections 341, 323, 324, 325, 307, 354B, 379, 447, 504 and 506/34 of the Indian Penal Code. The allegation is regarding the co-accused persons, namely, Imtiyaz and Akhter having assaulted the informant, his son and his family members causing various types of injuries on the person of the injured.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that as far as the petitioner is concerned, he is not alleged to have assaulted

Patna High Court CR. MISC. No. 86908 of 2019(2) dt.24-01-2020 2/2 the members of the prosecution party, hence, no case, as alleged, is made out against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that there is no allegation of assault qua the petitioner herein and moreover, he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 367 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T