Patna High CourtCR. MISC./57988/2015bail granted

Md. Bachaba @ Md. Qamar Ali v. The State Of Bihar

2016-01-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57988 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md. Bachaba @ Md. Qamar Ali Son of Md. Reyaz Ali @ Md. Raju .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 307, 354, 147, 148, 149, 448, 120B, 506 of the Indian Penal Code and 25(1-B)a, 26, 27, 35 of the Arms Act.

The prosecution case is that the accused persons including the petitioner came armed with deadly weapons and on the order of co-accused Md. Billa, co-accused Md. Chhotu opened fire but no injury was caused to any one. It is further alleged that on information, the police came and on search one loaded pistol was recovered from the possession of co-accused Fucho Mian. It is submitted by learned counsel for the petitioner that neither any overt act nor any recovery has been alleged against this petitioner. A statement has been made in paragraph 3 of the

Patna High Court Cr.Misc. No.57988 of 2015 (2) dt.04-01-2016 2/2 petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Mojahidpur P.S. Case No.86/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T