Md. Ashraf @ Md. Asraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34842 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- PALASI District- Araria ====================================================== MD. ASHRAF @ MD. ASRAF Son of Md. Ainul Resident of Village - Barhat, Ward No. 2, P.S.- Palasi, District - Araria. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party :
Mr.Arun Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/467 and other allied sections of the Penal Code.
Informant, the SHO of Palasi Police Station, alleges that on secret information when a house was raided, a country made loaded pistol was recovered and accused Md. Ainul was arrested from the house. However, petitioner managed to flee away.
Learned counsel for the petitioner submits that for the aforesaid recovery of arms, petitioner and his father Md. Ainul have been made accused. His father has already remained in custody. Now he is on bail. Petitioner has no criminal
Patna High Court CR. MISC. No.34842 of 2019(2) dt.29-05-2019 2/2 antecedent and he has falsely been implicated in this case on account of being son of accused Md. Ainul. He further submits that arms has not been recovered from his physical possession. Considering the facts of the case, let the petitioner, above named, in the event of her arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl Chief Judicial Magistrate VI, Araria in Palasi Police Station Case No. 285 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.
(Prabhat Kumar Singh, J) Shashi U T