Patna High CourtCR. MISC./49255/2023bail granted

Md. Rafique Alam @ Rafique v. The State Of Bihar

2023-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49255 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- KADWA District- Katihar ====================================================== Md. Rafique Alam @ Rafique Son Of Yushuf R/O-Sikorna, P.S.-KADWA, Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons came to the informant and assaulted him by their respective arms and also assaulted other family members of the informant, as a result of which six persons sustained injuries.

4. It is submitted that specific accusation of assault is against other co-accused persons. So far as petitioner is concerned, no specific overt act has been alleged against him and he is only alleged to be the member of mob. Petitioner

Patna High Court CR. MISC. No.49255 of 2023(2) dt.23-08-2023 2/2 claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Katihar in connection with Kadwa P.S. Case No. 78 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T