Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49207 of 2022 Arising Out of PS. Case No.-327 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== MD. AFSAR S/O MD. SABO Resident of Village- Bari Tarauna, P.S.- Beldaur, District- Khagaria (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the petitioner and the accused persons along with some unknown persons shot the brother of the informant dead under conspiracy. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is

Patna High Court CR. MISC. No.49207 of 2022(3) dt.07-02-2023 2/2 general and omnibus allegation against the petitioner. Main allegation of firing against the co-accused Md. Ibo and Md. Asfak. There is no over act against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that that is false Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Beldour P.S. Case No. 327 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T