Md. Ashif @ Md. Ashik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4074 of 2018 Arising Out of PS.Case No. -366 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Md. Ashif @ Md. Ashik, Son of Md. Rayazuddin, Resident of Mohalla Abarpul, Kuji Tola, Ara, P.S. Ara Town, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Ara (Town) P.S. Case No.366 of 2017, registered under Sections 302/120B/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that the named accused persons along with some unknown came and Naim and others indiscriminately fired at the deceased Krishna Kumar Singh causing his death for the reason that they wanted to capture the land of the deceased.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and the only material against the petitioner is disclosure of his name by a co-accused in his

Patna High Court Cr.Misc. No.4074 of 2018 (2) dt.19-01-2018 2 /2 confessional statement in para 159 of the case diary, the petitioner is the brother of Naim and one of the named accused Md. Shahid Ali @ Shahid Ali has been admitted to bail by a coordinate Bench of this Court by order dated 10.10.2017, passed in Cr. Misc. No.44504 of 2017.

Having considered the said facts and circumstances, petitioners Md. Ashif @ Md. Ashik is directed to 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 learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara (Town) P.S. Case No.366 of 2017 with conditions that one of the bailors must be the father or close family member of the petitioner and the petitioner shall be present on each and every date before the trial court and in case of his absence on two consecutive dates without any medical emergency, his bail bond shall liable to be cancelled.

(Arun Kumar, J.) S.Kumar/- U T