Raju Mistry @ Md. Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69259 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== RAJU MISTRY @ MD. RIYAZ Son of Md. Khairat Ahamad Resident of Ward No. 16, Mohalla Ramna, Mela Sherghati, P.S.- Sherghati, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Javed Jafar Khan For the Opposite Party :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Sherghati P.S. Case No. 300 of 2019 instituted for the offence under Section(s) 341,323 and 504 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act.

It is submitted by the petitioner's counsel that from the allegations in the First Information Report the veracity of the prosecution case becomes very doubtful. It is the informant, who has delivered two live cartridges at the Police Station and, on that basis the petitioner has been implicated in this case upon an allegation that he was carrying the same. It has further been submitted that he has been falsely implicated in this case.

Patna High Court CR. MISC. No.69259 of 2019(2) dt.20-11-2019 2/3 The petitioner is a man of clean antecedents as per averments made in para 3 of the petition.

The learned APP for the State has opposed the prayer for bail by submitting that the allegations are U/s 341 of the IPC and Sections 25(1-b)a and 26 of the Arms Act and other allied offences.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, District-Gaya in connection with Sherghati P.S. Case No. 300 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.69259 of 2019(2) dt.20-11-2019 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T