Patna High CourtCR. MISC./55504/2022bail granted

Md. Mokhtar v. The State Of Bihar

2023-03-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55504 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MD. MOKHTAR S/O MD. MUSLIM Resident of Village- Fatehpur, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Vinod Shanker Modi Mr. Sandeep Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 386, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that neither the petitioner is assailant of deceased nor there is allegation of firing against him. Petitioner is only alleged to be instigator. There is no overt act against him. Petitioner has got clean antecedent.

Learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for anticipatory bail and submit and there is ample evidence to show that petitioner is involved in the alleged crime.

Patna High Court CR. MISC. No.55504 of 2022(4) dt.17-03-2023 2/2 However, Considering the fact that petitioner is not assailant of deceased and he has got clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai in connection with Muffasil (Singhaul O.P.) P.S. Case No. 197 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T