Md. Tanveer Alam @ Md. Tanveer Ashraf @ Md. Tanvir v. The State Of Bihar

Patna High Court Cr.Misc. No.42067 of 2015 (2) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42067 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -BAKHRI District- BEGUSARAI ====================================================== Md. Tanveer Alam @ Md. Tanveer Ashraf @ Md. Tanvir, son of Md. Salauddin Alam, resident of village- Gorhi Tola, Police Station- Bakhri, District-Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-10-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner, namely, Md. Tanveer Alam @ Md. Tanveer Ashraf @ Md. Tanvir who apprehends his arrest in Bakhri P.S. Case No.107 of 2015 under Sections 341, 323, 342, 307, 427, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submitted that there is omnibus allegation of assault against the co-accused persons and the allegation of firing is against Md. Chand Alam. However, the learned Sessions Judge did not find any firearm injury, nor the case diary which was called for, bear the injury report and, therefore, has granted regular bail to Md. Chand Alam.

Patna High Court Cr.Misc. No.42067 of 2015 (2) dt.12-10-2015 According to the learned counsel, no injury has been caused, in such circumstances, the petitioner be enlarged on anticipatory bail. On the other hand, the learned A.P.P. objected the prayer for bail.

Perused the allegation made in the F.I.R. Perused the order passed by the Sessions Judge in Bail Application No.1360 of 2015 of the Court of Additional Sessions Judge II, Begusarai(Md. Chand Alam v. State of Bihar). It appears that the case diary was called for and the Court found that there was no injury report and no injury was caused to the informant. The other offences are minor in nature.

Considering the above facts, I direct the petitioner named above to surrender before the court below within six weeks from today and on his so surrendering, the court below is directed to release the petitioner on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No.107 of 2015.

(Mungeshwar Sahoo, J) Saurabh/- U T