Patna High CourtCR. MISC./7450/2017bail granted

Md. Asif v. The State Of Bihar

2017-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7450 of 2017 Arising Out of PS.Case No. -305 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Asif, Son of Md. Ali, Resident of village - Khatopur, P.S.- Muffasil, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Pranav Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and counsel for the Opposite Party No.2 as well as for the State. The petitioner apprehends his arrest in Begusarai Muffasil (Lakho) P.S. Case No. 305 of 2016 instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 325 and 307 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

It has been submitted that there is specific allegation against co-accused Md. Ali of assaulting the brother of the informant on head with Khanti. The doctor in the postmortem report has found only one injury which was noticed by the Coordinate Bench of this Court in Cr. Misc. No. 46914 of 2016 by which one of the accused Md. Sadique was granted anticipatory

Patna High Court Cr.Misc. No.7450 of 2017 (2) dt.23-02-2017 2/2 bail vide order dated 30.01.2017.

From the written report, it appears that there is general and omnibus allegation against this petitioner. The case of this petitioner is on similar footing to that of other co-accused who has been granted anticipatory bail by the Co-ordinate Bench of this Court. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Begusarai Muffasil (Lakho) P.S. Case No. 305 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T