Md. Irphan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33083 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== Md. Irphan S/o Late Majnum @ Majloom Mian, R/o village- Chandanpatti, P.S.- Gamhariya, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.

The petitioner apprehends his arrest in Gamhariya P.S. Case No.151 of 2018 registered under Sections 307, 436 and other minor sections of the Indian Penal Code. The informant named 12 persons including the petitioner Md. Irphan and alleged that Md. Kadir @ Kadil assaulted his son with farsa on his head and others assaulted his son and wife with stick and set blaze his residential house. Learned counsel for the petitioner submits that there is a counter version being Gahmariya P.S. Case No.152 of 2018. The petitioner is, of course, named in the F.I.R. but no specific allegation is made against the petitioner. Similarly situated coaccused Md. Habib and Mustuph have been granted anticipatory bail by a coordinate bench of this court by order dated

Patna High Court CR. MISC. No.33083 of 2019(2) dt.20-05-2019 2/2 13.03.2019 passed in Cr.Misc.No.15482 of 2019. There appears from perusal of F.I.R. itself that, of course, the informant named 12 persons and the name of the petitioner figured at serial no.6 but no specific allegation is made against the petitioner. Similarly situated two other accused persons, namely, Md. Habib and Mustuph have already been granted anticipatory bail.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Madhepura in connection with Gamhariya P.S. Case No.151 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T