Patna High CourtCR. MISC./55280/2019bail granted

Md. Shafi v. The State Of Bihar

2019-09-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55280 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- SHAHKUND District- Bhagalpur ====================================================== MD. SHAFI Son of Md. Sanjoor Resident of Village - Rampur, P.S.- Tarapur, Dist.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Shahkund (Sajour) P.S. Case No. 190 of 2018, disclosing the offence under Sections 302, 34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner appears to be correct in his submission that there is no allegation against the petitioner in the FIR which can be said to be constituting commission of offence under Section 302 of the IPC and that similarly circumstanced other accused persons have been allowed the privilege of anticipatory bail by this Court.

Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below,

Patna High Court CR. MISC. No.55280 of 2019(2) dt.03-09-2019 2/2 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 SDJM, Bhagalpur in Shahkund (Sajour) P.S. Case No. 190 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T