Patna High CourtCR. MISC./57247/2018partly allowed disposal

Md. Asfaque @ Asfaque And ANR v. The State Of Bihar

2018-10-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57247 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -KEWATI District- DARBHANGA ======================================================

1. Md. Asfaque @ Asfaque, S/o Late Abdul Rahman.

2. Md. Rahman @ Ahsan @ Md. Ahsan, S/o Md. Asfaque, Both resident of Ward No. 10, Village- Naya Tola Hulash, Post.- Shekhpur Dagarwara, P.S.- Keoti, District- Darbhanga.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Fahad Khurshid, Advocate For the Opposite Party : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Keoti P.S. Case No. 42 of 2018 registered under Sections 447, 341, 323, 324, 379, 307 and 504 read with 34 of the Indian Penal Code.

Regard being had to the allegation made against petitioner no. 2, namely, Md. Rahman @ Ahsan @ Md. Ahsan that he assaulted the informant with iron rod causing injury over his head, I am not inclined to grant him pre-arrest bail. Accordingly, his application for grant of pre-arrest bail is

Patna High Court Cr.Misc. No.57247 of 2018 (2) dt.08-10-2018 2/2 rejected.

As far as petitioner no. 1, namely, Md. Asfaque @ Asfaque is concerned, since no overtact is alleged against him, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VII, Darbhanga in Keoti P.S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T