Syed Maaz Arfi @ Syed Maaz Ourfi @ Syed Naaz Arfi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18287 of 2020 Arising Out of PS. Case No.-458 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== SYED MAAZ ARFI @ SYED MAAZ OURFI @ SYED NAAZ ARFI, Son of Late Nesar Ahmad @ Nesar Ahmad, Resident of Village - Egarahi Masjid, Sheikh Mohalla, P.S. - Siwan Town, Distt. - Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-07-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

The FIR was lodged on the recovery of dead body of the brother of the informant. Some accused are suspected and named in the FIR including the petitioner.

Submission is that the petitioner has got no criminal antecedent. Some of the suspected accused faced trial and trial

Patna High Court CR. MISC. No.18287 of 2020(2) dt.02-07-2020 2/3 resulted in acquittal. There is no substantial material against the petitioner.

Learned Additional Public Prosecutor for the State submits that investigation against the petitioner and others is still going on.

Considering the fact that prima facie there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Siwan Town Police Station Case No. 458 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Patna High Court CR. MISC. No.18287 of 2020(2) dt.02-07-2020 3/3 (c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T