Asgar @ Md. Asgar @ Md. Asgar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2158 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Asgar @ Md. Asgar @ Md. Asgar Ali, son of Sayeed, resident of village - Ujjain, P.S. - Baisi, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 307, 384 and 386 of the I.P.C. and 27 of the Arms Act and 3⁄4 of Explosive Substance Act. At the very outset it is submitted that in this case Md. Rashid Alam who was caught at the spot and from whose possession country made pistol, Farsa, knife etc. were recovered and also a bag containing bombs, has already been allowed bail vide Cr.Misc. No. 39622 of 2016 by order dated 29.11.2016 by a coordinate Bench of this Court and further co-accused Tanbir Alam @ Md. Tanabir Alam has also been allowed pre-arrest bail vide Cr.Misc.No. 52690 of 2016 by order dated 21.12.2016 and

Patna High Court Cr.Misc. No.2158 of 2017 (2) dt.25-01-2017 2/2 the petitioner without any fault is suffering in custody since 28.9.2016.

The learned APP submits that the petitioner is named in the F.I.R.

In the facts and circumstances as stated above, the petitioner is directed to 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 Sri P.K.Mohit, A.C.J.M. Purnea in Baisi P.S. Case No. 103 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) A.I./- U