Patna High Court - Orders
Md. Ajju @ Sadab Khan @ Md. Shadab Alam vs The State Of Bihar on 9 October, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52719 of 2018
Arising Out of PS.Case No. -210 Year- 2018 Thana -BIKRAMGANJ District- SASARAM
(ROHTAS)
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1. Md. Ajju @ Sadab Khan @ Md. Shadab Alam son of Abdul Hameed @
Abdul Hamid Khan, Resident of Ward No. 24, Bikramganj, P.S.-
Bikramganj, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Khatim Reza
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 09-10-2018Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 342, 323, 354, 379, 506, 307, 384/34 of the Indian Penal Code.
The prosecution case, in brief, is that in course of returning to her house after attending the programme of Hon'ble Chief Minister, the informant was surrounded by accused persons and also was threatened of dire consequences.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to political rivalry. There is no other substantial evidence to suggest Patna High Court Cr.M isc. No.52719 of 2018 (3) dt.09-10-2018 Page 2 of 2 the implication of the petitioner in the present case. The name of the petitioner does not figure in the column of accused in the FIR. It has simply been referred as a brother of Dablu Khan. None is said to have been injured in course of occurrence. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Bikramganj, Rohtas (Sasaram) in connection with Bikramganj P.S. Case No. 210 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./-
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