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Patna High CourtCR. MISC./69732/2019bail granted

Md. Sajjad @ Sajjad Alam v. The State Of Bihar

2019-12-13Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69732 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- SONBERSA District- Saharsa ====================================================== MD. SAJJAD @ SAJJAD ALAM Son of Md. Usman Resident of Village - Sonbarsa Raj, Chhoti Masjid Tola, Ward No.2, P.S.- Sonbarsa Raj, Distt.- Saharsa.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Sonbarsa Raj P.S. Case No. 46/2019 registered under Sections 147/148/149/341/323/324/307/427/447/379/504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no specific allegation of assault against this petitioner and coaccused Md. Naushad Alam has been granted privilege of anticipatory bail in Cr. Misc. No. 52597/2019, however petitioner has got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.69732 of 2019(3) dt.13-12-2019 2/3 wherein it is the submission of learned counsel for the petitioner that there is no specific allegation of assault against this petitioner and further that the co-accused Md. Naushad Alam against whm there is specific allegation of giving injury on the head of the informant, has been granted privilege of anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No. 52597/2019, the submissions not having been controverted by learned A.P.P.

for the State and further submission that both the parties are neighbours and have indulged in this dispute over some trivial issues as also that the petitioner has no criminal antecedent, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Saharsa, in connection with Sonbarsa Raj P.S. Case No. 46/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.69732 of 2019(3) dt.13-12-2019 3/3 indirectly, make any inducement, threat or promise to any person 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) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T