← Library
Patna High CourtCR. MISC./21420/2020bail granted

Md. Asif Iqubal @ Md. Asif @ Victor v. The State Of Bihar

2020-07-02Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21420 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. ASIF IQUBAL @ MD. ASIF @ VICTOR Son of Masud Alam @ Masood Alam Resident of Teusa, P.S.- Kishanganj in the District of Kishanganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 224, 225, 341, 342, 333, 353, 427, 384, 387, 364, 379, 307, 504, 506, 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.21420 of 2020(2) dt.02-07-2020 2/3 Prosecution case in short is that on secret information of extortion of money by accused persons from overloaded vehicle, the informant along with police personnel reached Faringola Chowk. Having seen the police party, the accused persons started to flee away. On chase, police reached the house of one Ghulam Mustafa who was engaged on mobile instructing his companions for blocking the road. Ghulam Mustafa was apprehended but the other persons fled away. The police vehicle was damaged by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 11-01-2020. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No specific injury is attributed to the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of

Patna High Court CR. MISC. No.21420 of 2020(2) dt.02-07-2020 3/3 learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 130 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T