Md. Mahboob v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24149 of 2017 Arising Out of PS.Case No. -51 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================
1. Md. Mahboob Son of Md. Hafij, Resident of Village- Khorampur, P.S.- Matihani, District- Begusarai .... Petitioner
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Jai Kishor Poddar, Adv. For the Opposite Party : Mr. Mustaque Alam, APP 36 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 326, 307 and 504 of the Indian Penal Code and 27 of the Arms Act.
According to first information report, the petitioner was one of the members of the unlawful assembly and specific allegation is against co-accused, Md. Jabbar, that he ordered and Md. Gaffar fired causing injury at the chest of the informant. Submission of the learned counsel for the petitioner is that after investigation, the petitioner was not sent up for trial. However, cognizance has been taken against the petitioner also. Further, submission is that co-accused, Md. Arshad @ Md. Arshad Alam and others has already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 46181 of 2016. Considering the aforesaid submission, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this 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 in
Patna High Court Cr.Misc. No.24149 of 2017 (2) dt.05-07-2017 2/2 connection with Matihani P.S. Case No. 51 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, III, Begusarai, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √