Masrool @ Misrool @ Md. Masroor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62085 of 2019 Arising Out of PS. Case No.-415 Year-2014 Thana- JOKIHAT District- Araria ====================================================== Masrool @ Misrool @ Md. Masroor, Male, aged about 35 years, S/o Mahiuddin @ Muddin, Resident of Village- Belka, P.S.- Amour, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Jokihat P.S. Case No. 415 of 2014 registered under sections 341, 323, 307, 386/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner as per the first information report, is that the petitioner along with two other accused persons riding on a motorcycle fired upon Riyasat which hit him in the leg. The petitioner is not named in the FIR and the FIR was lodged against unknown persons. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR and his name has

Patna High Court CR. MISC. No.62085 of 2019(2) dt.21-10-2019 2/3 come allegedly during the course of investigation. Learned counsel further submits that the petitioner has got no criminal antecedent and the occurrence had taken place on the point of purchase of 1⁄2 liter petrol. Learned counsel further submits that miscreants were chased by the villagers and they caught two miscreants out of three and assaulted them brutally resulting into the death of two miscreants but one the of the associates has allegedly managed to escape. Learned counsel further submits that no material has been collected by the police during the course of the investigation and up till now no process for 82, 83 has been initiated against the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner is not named in the FIR and has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 415

Patna High Court CR. MISC. No.62085 of 2019(2) dt.21-10-2019 3/3 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U