Md. Asghar Nadaf @ Md. Ashgar @ Ashgar Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60822 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== MD. ASGHAR NADAF @ MD. ASHGAR @ ASHGAR NADAF Son of Late Safique Nadaf R/o vill - Jhitki, P.S. - Nanpur, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, due to old land dispute, on order of Asraf and petitioner, Md. Ashique shot fire upon the chest of the informant and succumbed to injuries.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of firing is against Md. Ashique and not against the petitioner. General and omnibus allegation has been levelled against the petitioner. Informant is not an eye witness of the occurrence. Similarly situated other accused person has already
Patna High Court CR. MISC. No.60822 of 2023(2) dt.15-09-2023 2/2 been enlarged on bail by another coordinate Bench of this Court vide order dated 4.4.2023 passed in Cr. Misc. No. 71101 of 2022. Petitioner is in custody since 3.7.2023. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 357 of 2022.
(Sunil Kumar Panwar, J) sushma/- U