Md. Arsi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28308 of 2020 Arising Out of PS. Case No.-259 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== MD. ARSI S/o Abu Nasar @ Md. Abu Nasar Mohalla/ Vill- Senapat, P.S.- Town, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha, Adv For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. According to FIR, co-accused- Bipin took the pistol from co-accused-Md. Aarzoo and caused firearm injury to the son of the informant, as a result whereof, he died. Though the petitioner is named as member of the unlawful assembly, however, no specific overt-act is there against the petitioner. Petitioner has stated on oath that he has got no criminal antecedent.
Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.28308 of 2020(3) dt.20-01-2021 2/2 court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Town P.S.Case No.259 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T