Md. Aziz @ Ajij Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50028 of 2018 Arising Out of PS.Case No. -44 Year- 2015 Thana -BHAPATIYAHI District- SUPAUL ======================================================
1. Md. Aziz @ Ajij Mian Son of Late Madhu Mian, resident of VillageChhithi Hanuman Nagar, Police Station- Bhaptiyahi, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Bhaptiyahi P.S. Case No. 44 of 2015, registered for offences punishable under Sections 147, 148, 149, 323, 324, 354, 379, 504 and 506 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is of assault to the petitioner and the petitioner is order giver to snatch the ornaments.
Submission of the learned counsel for the petitioner is that there is general and omnibus allegation leveled against the petitioner and there is no specific overt act against the petitioner. It is also submitted that the informant lodged the F.I.R. after two days of occurrence and the allegation against the petitioner is not of assault, rather he is only order giver. It is also submitted that the
Patna High Court Cr.Misc. No.50028 of 2018 (3) dt.30-08-2018 2/2 petitioner has no criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S. Case No. 44 of 2015, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T