Md. Arwaz @ Abdul Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6575 of 2022 Arising Out of PS. Case No.-206 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MD. ARWAZ @ ABDUL RAHMAN Son of Md. Balam, Resident of Mohalla - Panna Mill Road,Police Station-Mojahidpur(Babarganj),District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with S.T. No. 453 of 2021, arising out of Mojahidpur (Babarganj) P.S. Case No. 206 of 2020 registered for offence punishable under sections 307, 147, 148, 149, 342, 506 of the Indian Penal Code and section 27 of the Arms Act. The learned counsel for the petitioner has submitted that there was a specific allegation against co-accused Mohammad Tarjan to fire shot on the person of informant.
Patna High Court CR. MISC. No.6575 of 2022(2) dt.25-05-2022 2/3 Mohammad Tarjan @ Afroz Khan has been granted bail by the coordinate Bench in Cr. Misc. No. 36268 of 2021, vide order dated 09.12.2021. There is no specific allegation against the petitioner of firing shot, as such, his case is on better footing and he is under custody since 10.02.2021.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge, Bhagalpur in connection with S.T. No. 453 of 2021, arising out of Mojahidpur (Babarganj) P.S. Case No. 206 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the
Patna High Court CR. MISC. No.6575 of 2022(2) dt.25-05-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T