Irfan @ Irfan Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89728 of 2024 Arising Out of PS. Case No.-826 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Irfan @ Irfan Ashraf, S/o- Late Allauddin Ashraf @ Alauddin Ansari Resident of Mohalla- Golghar Bank Road, P.S.- Gandhi Maidan DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025

1. Heard Mr. Shivanand Singh, learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 826 of 2022 dated 20.11.2022 registered for the offence(s) punishable under Section(s) 341, 323, 353, 354, 504, 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the main allegation as to misbehaving with the informant, who is a police officer, and creating obstacle in the discharge of her official duty is against the co-accused Sultan Ashraf, petitioner and other co-accused persons have been made accused mainly on account of being the relatives of the said co-accused Sultan Ashraf but any specific role of the petitioner in the commission of the alleged

Patna High Court CR. MISC. No.89728 of 2024(2) dt.08-01-2025 2/2 occurrence has not been revealed. It is further submitted that though the petitioner has remained accused in two criminal cases but both the said cases were lodged in the year 1999 and 2002 in which he has been acquitted and accordingly there is no criminal antecedent against this petitioner and the FIR itself shows that the petitioner did not play an active role in freeing the co-accused Sultan Ashraf from the clutches of the police.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions made by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Gandhi Maidan P.S. Case No. 826 of 2022 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T