Md. Irfan @ Md. Ifran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63595 of 2018 Arising Out of PS. Case No.-263 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Irfan @ Md. Ifran Son of Md. Salam Resident of Village- Dharhara, P.S. Ara Town, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 326, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that the informant along with his brother was proceeding to his home, he saw indiscriminate firing by the accused persons named in the F.I.R. and they also fired at the informant due to which he sustained injury on his leg.

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 falsely been implicated in the

Patna High Court Cr.Misc. No.63595 of 2018(2) dt.11-10-2018 2/2 present case. Specific allegation of assault is alleged against coaccuseds Chand Mian and Nayeem Mistry. As far as the petitioners are concerned, they have not caused injury to any one in course of occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Ara Town P.S. Case No. 263 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T