Md. Asraf @ Md. Asraf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5131 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== MD. ASRAF @ MD. ASRAF ALI S/o Haider Ali @ Md. Haider Ali Resident of Village- Sisauni, Kalali Tola, P.S.- Kishanpur, Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), 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 341, 323, 307, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant's brother was proceeding to convene a Panchayati, in the way, the accused persons opened fire as a result of which, the informant's brother sustained fire-arm injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is no allegation

Patna High Court CR. MISC. No.5131 of 2021(2) dt.26-07-2021 2/2 of assault alleged against the petitioner. The specific allegation of assault is alleged against co-accused namely Sultan. Altogether 8 known persons including 10 unknown persons are named in the FIR. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or 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, Supaul in connection with Kishanpur P.S. Case No. 267 of 2019 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) A.K.V.//- U T