Md. Ashraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49326 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -SULTANGANJ District- PATNA ======================================================
1. Md. Ashraf Son of Md. Sikander@ Sikander Ansari Resident of MohallaNew Ambedkar colony, P.S. Sultanganj, P.O. Mahendru, Distt. Patna, Pin800006 .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Sultanganj P.S.Case no.16 of 2017 , registered for offences punishable under Sections 147, 148, 149, 120B, 324, 448, 427, 342 of the Indian Penal Code and Section 3(a) of the Explosive Substance Act.
Allegation against the petitioner as per FIR is that the petitioners and other accused persons were trying to grab the land near the house of the informant and also attacked with bomb. Submission of the learned counsel for the petitioner is that a large number of accused persons have been made accused in this case and no specific allegation has been attributed and some other accused persons have been granted privilege of the anticipatory bail having similar allegation vide order dated 17.10.2017 passed
Patna High Court Cr.Misc. No.49326 of 2018 (2) dt.28-08-2018 2/2 in Cr. Misc. No.39623 of 2017.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri A.K. Raj, J.M. Patna City, Patna in connection with Sultanganj P.S.Case No.16 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T