Md. Mukhtar @ Md. Mukhtar Ahmad @ Mukhtar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23486 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -BARSOI District- KATIHAR ====================================================== Md. Mukhtar @ Md. Mukhtar Ahmad @ Mukhtar Alam, Son of Late Azimuddin, Resident of village - Manaikhar, P.S. Barsoi, District - Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 324, 302, 307, 504 and 120B of the Indian Penal Code. The allegation as per FIR is to the effect that accused Jamrul, Jaigun Nisha and Kaishar gave knife blow on the person of Md. Showkat, husband of the informant, due to which, he got seriously injured and succumbed to the injuries and the petitioner was also involved in the commission of the occurrence.
On behalf of the petitioner, it has been submitted that the petitioner was not present at the place of occurrence
Patna High Court Cr.Misc. No.23486 of 2015 (3) dt.02-09-2015 2/2 while the occurrence had taken place. The said fact is evident from the perusal of the FIR itself. The only allegation is made against the petitioner is that he is also part of the conspiracy to the alleged occurrence. The main allegation is alleged against Jamrul, Jaigun Nisha and Kaishar.
On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. Considering the facts and circumstances of the case, let the petitioner above-named be released on bail in the event of his arrest or surrender within a period of four weeks on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Barsoi P.S. Case No.36 of 2015 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sudhir Singh, J) V.K. Pandey/- U T