Md. Sarfaraz v. The State Of Bihar

Patna High Court Cr.Misc. No.33982 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33982 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Md. Sarfaraz, Son of Md. Ahmad @ Md. Sattar, Resident of VillageMunshi Tola, Baro, P.S.- Phulwaria, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Phulwaria Police Station Case No. 117 of 2017, disclosing offences under Sections 147, 148, 149, 453(A), 353(A), 295(A), 332, 327, 337 and 487 of the Indian Penal Code and 3/4 of Explosive Substances Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner is said to be a member of mob but no specific allegation is attribute to him. Neither anything incriminating has been recovered form the possession of the petitioner nor any loss has been occurred to the

Patna High Court Cr.Misc. No.33982 of 2018 (2) dt.07-06-2018 government or private property. Moreover, co-accused, Md. Suleman Akhtar @ Md. Kaifi @ Suleman Akhtar Kaifi, having more or less similar allegation, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 1535 of 2018. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Judicial Magistrate-1st, Class, Begusarai, in connection with Phulwaria Police Station Case No. 117 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T