Asraf Miyan @ Sheikh Asraf Miyan @ Sk. Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29277 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== ASRAF MIYAN @ SHEIKH ASRAF MIYAN @ SK. ASRAF Son of Sheikh Mustafa, Resident of Village - Sirisiya, P.S.- Sikta, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Balther P.S. Case No. 59 of 2018 registered for offence punishable under sections 145, 147, 149, 151, 152, 353, 341 of the Indian Penal Code.

From the FIR it appears that on account of death of Mohammad Quaish, the villages and relatives of Md. Quaish started agitating for arresting of the guilty persons and for that they have paralyzed the main road by keeping the dead body in the main road. The police tried to pacify the matter, but they started squabbling with the police party and after great struggle, the aggressive mob was removed.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29277 of 2019(2) dt.03-05-2019 2/2 there is no specific allegation made against this petitioner. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Bettiah, West Champaran in connection with Balther P.S. Case No. 59 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) mkchy/- U T