Aftab Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70382 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- KHAIRA District- Jamui ====================================================== AFTAB MIAN Son of Nazam Mian Resident of Village - Dengadhwa Chowkitand, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Khaira Police Station (for brevity, PS) Case No 116 of 2019 instituted for the offence under Section(s) 147, 148, 149, 302 of Indian Penal Code and Section 27 of Arms Act.

Allegation is that the informant along with his son was accosted on the way and co-accused Nawab Mian, Ataul Ansari, Haider Mian and Ibrar Mian fired at the son of the informant. The petitioner along with other co-accused persons, namely, Md Sattar Mian, Manir Mian, Afzal Mian and Waris Mian are alleged to have caught hold the victim. The other co-accused, against whom also there is allegation of catching hold of the victim, namely, Md Sattar Mian has been allowed bail by this Court in Cr Misc No 80188 of 2019. Petitioner has no criminal

Patna High Court CR. MISC. No.70382 of 2019(3) dt.18-12-2019 2/2 antecedent and he surrendered in the Court below on 07.05.2019.

Considering the aforesaid fact and in order to maintain parity in the matter of grant of bail, prayer of petitioner for bail is also allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira PS Case No 116 of 2019 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.

(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) M.E.H./- U