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Patna High CourtCR. MISC./47391/2018bail granted

Nasruddin@Md. Nasruddin v. The State Of Bihar

2018-08-14Awaiting For Listing2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47391 of 2018 Arising Out of PS.Case No. -269 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. NASRUDDIN @ MD. NASRUDDIN, S/o Walid, R/o Village- Garkha, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Garkha P.S. Case No. 269/16, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R. against the petitioner is that he along with several other accused persons came into the shop of the informant and started throwing the articles and further allegation of firing on co-accused Santosh Kumar and Sunil Kumar causing injury to the uncle of the informant who succumbed to his injuries. Submission of learned counsel for the petitioner is that only general and omnibus allegation has been attributed to him and no allegation firing is leveled against the petitioner rather the same is against co-accused of this case and petitioner is said to be only the member of mob.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.47391 of 2018 (2) dt.14-08-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Saran at Chapra, Gaya in connection with Garkha P.S. Case No. 269/16, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T