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Patna High CourtCR. MISC./76426/2018bail granted

Md Abbas Mian @ Md. Abbas v. The State Of Bihar

2019-01-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76426 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- NIMCHAKBATHANI District- Gaya ====================================================== MD ABBAS MIAN @ MD. ABBAS Son of late Sakur Mian Resident of Village- Simraur, P.S. Neemchak Bathani, District- Gaya, at Present Pakki Talab, P.S. Laheri, District- Nalanda at Biharsharif. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Neemchak Bathani P.S. Case No. 103 of 2018, registered for offences punishable under Sections 147, 148, 149 and 302/120-B of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., allegation against the petitioner is of firing upon the son of the informant, causing death. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is general allegation against the petitioner and other co-accused persons have fired upon the deceased and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.76426 of 2018(3) dt.30-01-2019 2/2 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, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Neemchak Bathani P.S.Case No. 103 of 2018, to the satisfaction of learned A.C.J.M.-X, Gaya 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