Md. Musfique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54512 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -KADWA District- KATIHAR ======================================================

1. Md. Musfique, S/o Late Md. Sadique, R/o Village- Manaikhar, Behrajal, P.S.- Barsoi, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard the Counsel for the petitioner and the APP for the State.

The petitioner apprehends his arrest in Kadwa P.S. Case No. 155 of 2015 registered under sections 147, 149, 341, 323, 504, 307 and 379 of the Indian Penal Code.

Petitioner is one amongst 13 others named in the F.I.R. with an allegation that they assaulted the informant and others. Referring to Annexure-2, it is submitted that the prosecution side of the present case is also accused of the said case. It was a case of marpit between both sides. Mr. Prasad handed in two web copies of the order dated 23.02.2016 passed in Cr. Misc. No. 5983 of 2016 and order dated 18.03.2016 passed in Cr. Misc. No. 5500 of 2016 and submits that rest 11 accuseds have been privileged with anticipatory bail considering the nature of allegation and other

Patna High Court Cr.Misc. No.54512 of 2016 (2) dt.22-12-2016 2/2 materials on record. Petitioner has no criminal antecedent. Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Katihar in Kadwa P.S. Case No. 155 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T