Patna High CourtCR. MISC./48765/2018bail granted

Md. Azad v. The State Of Bihar

2018-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48765 of 2018 Arising Out of PS.Case No. -279 Year- 2018 Thana -NAWADA District- NAWADA ======================================================

1. Md. Azad Son of Md. Nanha Resident of Village Darji Tola, P.S. Bundelkhan, District Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Nawada (Bundelkhand) P.S. Case No.279 of 2018, registered for offences punishable under Sections 147, 149, 341, 323, 337, 338, 153(A) and 353 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that there was free fight between the parties and there was pelting of stones. Petitioner is named in the F.I.R.

Submission of the learned counsel for the petitioner is that no specific allegation is attributed against the petitioner and he has been named along with other accused persons. It is also submitted that similarly situated co-accused has been granted bail by this Hon'ble Court vide order dated 16.07.2018 passed in Cr. Misc.

Patna High Court Cr.Misc. No.48765 of 2018 (2) dt.24-08-2018 2/2 No. 40185 of 2018 and the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Bundelkhand) P.S. Case No.279 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/Ranjeet U T