Md. Ashraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27051 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Md. Ashraf Md. Sabbir Resident Of Village- Rajo Rampatti, Ps- Singhwara Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Singhwara P.S. Case No. 149 of 2023 lodged on 01.08.2023 under Section 147, 148, 149, 448, 232, 354, 302, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against twelve named accused persons including the present petitioner against whom there is allegation they they have attacked informant's father with sword which resulted into his death and also assaulted informant's brother and sister.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that specific allegation is upon Md. Gulzar who has attacked on informant's father. Counsel further submits that there is general and omnibus allegation of assaulting the
Patna High Court CR. MISC. No.27051 of 2024(2) dt.15-05-2024 2/2 family members of the informant's. He further submits that the criminal antecedent of the petitioner is clean. The petitioner is in custody since 19.01.2024. He further submits that as per F.I.R., there is no act or overt act against the present petitioner. He further submits that similarly situated persons have been granted bail vide order dated 10.01.2024 passed in Cr. Misc. No. 83124 of 2023 and vide order dated 19.03.2024 passed in Cr. Misc. No. 82081 of 2023.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Learned ACJM-IV, Darbhanga in connection with Singhwara P.S. Case No. 149 of 2023 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U