Patna High CourtCR. MISC./43593/2019bail granted

Safitullah v. The State Of Bihar

2019-07-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43593 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SAFITULLAH Son of Ismail Resident of village- Bela, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Narpatganj (Basmatiya) P.S. Case No. 281 of 2019, disclosing offences under Sections 302 and 120(B)/34 of the Indian Penal Code.

There are sixty six persons named in the FIR, who were instrumental in killing of the brother of the informant. Learned counsel, appearing on behalf of the petitioner, has submitted that the main allegation is against Ramchandra Das, a co-accused, with whom the informant had animosity. So far as the present petitioner is concerned, he is the Mukhiya of the Bela Panchayat and he has been falsely implicated in this case to settle the past scores.

Patna High Court CR. MISC. No.43593 of 2019(2) dt.16-07-2019 2/2 Considering the above submissions and the facts and circumstances of the case, the application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya)P.S. Case No. 281 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T