Patna High CourtCR. MISC./30344/2014bail granted

Md. Mofid v. The State Of Bihar

2015-01-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30344 of 2014 Arising Out of PS.Case No. -314 Year- 2013 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Mofid Son of Late Khalil resident of village- Madarganj, P.S.- Simraha, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-01-2015 Heard Counsel for the petitioner and Md. Arif learned A.P.P. for the State.

The petitioner, apprehending his arrest in connection with Forbisganj (Simraha) P.S. Case No. 314 of 2013 registered under diverse provisions of the Penal Code including Sections 302 and 120B Indian Penal Code, filed the present anticipatory bail application seeking bail.

It has been contended that large number of accused persons have been named in the F.I.R. There is no allegation of assault attributed to the petitioner. The allegation is that coaccuseds Md. Islam and Md. Samsul assaulted the father of the informant. It is further contended that several accused persons against whom there is general allegation have since been released

Patna High Court Cr.Misc. No.30344 of 2014 (2) dt.14-01-2015 on bail. A web copy of the order dated 27.03.2014 passed in Cr. Misc. No. 6189 of 2014 has been handed in by the Counsel for the petitioner which is taken on record marked 'X' for identification. Considering that there is no specific allegation against the petitioner as also the fact that he has no criminal antecedent, this Court is persuaded to grant the similar privilege to the petitioner. In the event of his arrest or surrender within four weeks in the Court below, petitioner abovenamed shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbisganj (Simraha) P.S. Case No. 314 of 2013 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure .

(Kishore Kumar Mandal, J) Pankaj/- U T