Ahmad Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66407 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== AHMAD RAJA S/O Vali Ahmad R/O Village- Dhurbar, P.S- Parsauni, District- Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Murari, Adv.
For the State :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-04-2023
1. Heard both the parties.
2. The petitioner seeks bail in anticipation of his arrest in connection with Parsauni P.S. Case No. 84 of 2022, dated 24.05.2022, instituted for the offences under Sections 399, 402 of the I.P.C. and 25(1-b)a, 26/35 of the Arms Act.
3. Learned counsel for the petitioner submits that offence under Sections 399, 402 of the IPC has been registered against the petitioner. Petitioner's name has mentioned at the instance of co-accused, who has been arrested. There is previous case against him under Section 25 (1-b) a, 26/35 of the Arms Act, in which he is on bail. He has not committed any crime.
4. I have considered the submission, taking into consideration overall aspects and nature of F.I.R., I am inclined
Patna High Court CR. MISC. No.66407 of 2022(2) dt.25-04-2023 2/3 to grant anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:- I. The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required. II. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, III. The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; IV. The petitioner shall maintain law and order; V.
The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; VI.
Patna High Court CR. MISC. No.66407 of 2022(2) dt.25-04-2023 3/3 VII. The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 71 U