Babar Ali @ Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51924 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== BABAR ALI @ BABAR SON OF MD. SABIR R/O VILLAGEBAGITPUR, P.S.- MANIGACHHI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary For the State :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Manigachhi P.S. Case No. 128 of 2021, registered for the offences punishable under Sections 147, 148, 149, 447, 341, 342, 323, 324, 307, 302 of the Indian Penal Code.

As per allegation, the accused persons, including the petitioner came to the house of the informant. They forcibly brought the informant and his brother to Darwaja of one Safiur Rahman. Sister-in-law and nephew of the informant came to rescue them whereupon Md. Asraf and Md. Aftab assaulted the brother of the informant with iron rod. His brother died at the spot

Patna High Court CR. MISC. No.51924 of 2022(2) dt.20-01-2023 2/2 and thereafter co-accused Md. Safiur Rahman and Baber assaulted the informant and also his sister-in-law and nephew. The learned counsel for the petitioner has submitted that the allegation against the petitioner is general and omnibus and on similar allegation, some of the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 50573 of 2021.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Darbhanga in connection with Manigachhi P.S. Case No. 128 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T