Patna High CourtCR. MISC./11579/2017allowed

Abrar Ali v. The State Of Bihar

2017-05-09Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.11579 of 2017 (3) dt.09-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11579 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Abrar Ali, Son of Late Chhote Mian, Resident of Village- Asandi Mahuawan, P.S.- Kuchaikote, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kuchaikote Police Station Case No. 19 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 337, 338, 307, 427, 435, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to enmity. In fact, there is general and omnibus allegation against the petitioner and no specific overt act is attributed to him. The specific allegation of setting fire on the motorcycle has been attributed against Jubair Ali and Ehsan Ali. There is case and counter case between the parties also.

Patna High Court Cr.Misc. No.11579 of 2017 (3) dt.09-05-2017 Moreover, a compromise has been arrived at between the parties, which is evident from supplementary affidavit filed by the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikot Police Station Case No. 19 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T