Md. Hassan @ Md. Hassan Raza And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5580 of 2018 Arising Out of PS.Case No. -285 Year- 2009 Thana -BISFI District- MADHUBANI ======================================================

1. Md. Hassan @ Md. Hassan Raza Son of Late Md. Kasim

2. Md. Shamsher @ Md. Shamsher Ahmad Son of Md. Omair Both Resident of Village-Bardaha P.s. Bisfi (Patauna O.P.) District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bisfi (Patauna O.P.) PS case no. 285 of 2009 registered for the offences punishable under Sections 341, 353, 307, 225, 333/34 of Indian Penal Code.

At the outset, the learned counsel for the petitioners submits that by mistake, the petitioner no. 2 has been arrayed in the cause title, however the fact is that he has already been arrested prior to filing of the present petition. In such view of the matter, the present petition is dismissed qua the petitioner no. 2.

The case of the prosecution is regarding the accused persons rescuing and enabling a criminal to flee away while he had been apprehended by the police and was being taken away.

Patna High Court Cr.Misc. No.5580 of 2018 (4) dt.29-03-2018 2/2 The learned counsel for the petitioner submits that as far as the petitioner herein is concerned, he is a non-FIR named accused person and during the course of investigation, his name is transpired, however the petitioner herein has got no role to play in the alleged incident. It is further submitted that infact, though there may be an allegation of assault but there is no injury report on the record of the case diary to corroborate the same. It is further submitted that the petitioner has a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Madhubani in connection with Bisfi (Patauna O.P.) PS case no. 285 of 2009 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.