Md Gaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49133 of 2016 Arising Out of PS.Case No. -6 Year- 2008 Thana -ASARGANJ District- MUNGER ======================================================

1. Md Gaffar S/o Late Md Umardaraj R/o Bishanpur, P.S.- Asarganj, District- Munger .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Nath Jha, Adv. For the Opposite Party : Mr. Anil Prasad Singh, APP 210 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 307, 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

The allegation of commission of fire arm injury is against co-accused, Md. Shahnawaz @ Lohwa, as a result whereof Md. Sarfaraz died.

Allegation against the petitioner is that he was also having a pistol and was terrorizing.

Submission of the petitioner is that the petitioner has not got any criminal antecedent and nothing is alleged as to why the petitioner would accompany the co-accused for the act committed by him.

Considering the aforesaid fact, 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.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Asarganj P.S. Case No. 6 of 2008 to the satisfaction of Sri S.

Patna High Court Cr.Misc. No.49133 of 2016 (2) dt.09-12-2016 Rajak, Judicial Magistrate, 1st Class, Munger, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √