Patna High CourtCR. MISC./12644/2019bail granted

Md.Shoaib v. The State Of Bihar

2019-03-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12644 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Md. Shoaib, Son of Md. Mier Hasim @ Hasim, Resident of Muhalla - Saharsa Basti Aman Chowk, Ward No. 38, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-03-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Saharsa (Sadar) Police Station Case No. 440 of 2018, disclosing offences under Sections 341, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned Counsel for the petitioner, referring to the First Information Report, has submitted that there is allegation against the petitioner of having asked co-accused, Md. Javed @ Md. Javed Alam, to open fire. No person has, however, received injury and the said co-accused, Md. Javed @ Md. Javed Alam, has been allowed anticipatory bail by this Court, by order, dated 10.12.2018, passed in Criminal Misc. No. 61492 of 2018.

Patna High Court CR. MISC. No.12644 of 2019(2) dt.01-03-2019 2/2 Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa (Sadar) Police Station Case No. 440 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √