Patna High CourtCR. MISC./3092/2018bail granted

Md. Aforj v. The State Of Bihar

2018-01-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3092 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Md. Aforj, Son of Md. Gyas, R/o Village- Lakhaminia, Ward No. 16, P.S.- Ballia, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, in the present case, is seeking regular bail in connection with S.T.No.541 of 2017, arising out of Ballia P.S. Case No.64 of 2017, registered for offences alleged under Sections 341, 323, 326, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per the FIR the allegation against the petitioner is that he has fired from his pistol on the informant which has caused injury on his right leg. The allegation of further firing is against the co-accused Md. Asif and not against this petitioner. He further submits that the petitioner is in custody since 13.06.2017 and only one case

Patna High Court Cr.Misc. No.3092 of 2018 (2) dt.17-01-2018 which was pending against him as stated in paragraph 3 of the bail application, he is on bail in the said case.

Learned APP representing the State opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Begusarai in connection with S.T.No.541 of 2017, arising out of Ballia P.S. Case No.64 of 2017, subject to the conditions U/S 437(3) Cr.P.C. However, prior to issuing the release order, the learned court below shall satisfy himself with regard to the statement of the petitioner that he is on bail in the case as stated in paragraph 3 of the bail application.

(Rajeev Ranjan Prasad, J) Arvind/- U T