Asgar Ali @ Asgar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4211 of 2021 Arising Out of PS. Case No.-656 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== ASGAR ALI @ ASGAR ALAM S/o Late Sagir Ahmad R/o villageJaisinghpur Tola Retwa, P.S.- Turkaulia, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the State :

Mr. Arjun Prasad, APP For the Informant :

Mr. Ram Adya Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that while the informant was returning along with his brother from bazar, the accused persons, variously armed, surrounded them and fired due to which the brother of the informant received fire arms injury and later died. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.4211 of 2021(2) dt.20-07-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. There is no allegation of assault alleged against the petitioner. The allegation of assault is alleged against co-accuseds, namely, Ehtashab Alam and Mustaque Ahmad.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia P.S. Case No. 656/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T