Irafan And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30145 of 2014 Arising Out of PS.Case No. -163 Year- 2013 Thana -KATRA District- MUZAFFARPUR ======================================================
1. Irafan S/O Md. Ijharul Haque
2. Alam S/O Late Abid , both resident of Village- Khanjura Dih, P.S. Katra, District Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Md. Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 It is submitted that petitioner no.2, namely, Alam has been arrested and as such this petition as against him has become infructuous and accordingly against petitioner no.2 the present Criminal Miscellaneous application is dismissed. Heard learned counsel for petitioner no.1 as well as the learned A.P.P.
In this application for anticipatory bail the petitioner No.1 apprehends his arrest in a case for the offence punishable under sections 147, 149, 341, 324, 307, 379 and 504 of the I.P.C. It is submitted that against petitioner no.1 there is no specific allegation for committing any overtact rather in the F.I.R. the specific allegation for committing the assault is against coaccused Badre Alam and Ekramul. During investigation the
Patna High Court Cr.Misc. No.30145 of 2014 (2) dt.20-01-2015 2/2 witnesses vide paragraphs 8 and 9 have stated that the petitioner came on the place of occurrence after the alleged occurrence and he did not participate in the alleged occurrence. In the facts and circumstances as stated above, the petitioner no.1, namely, Irafan in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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 C.J.M. Muzzaffarpur in Katra P.S. Case No. 163 of 2013/ G.R. No. 3442 of 2013, subject to the conditions as laid down in section 438 (2) Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T