Afsar Ali Khan @ Afsar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84911 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Afsar Ali Khan @ Afsar Khan, Son of Lalu Khan Resident of Village - Karmasi, P.S.- Hussainganj (M.H Nagar), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Hussainganj (M.H. Nagar) P.S. Case No.144 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379, 307, 506 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no specific allegation of assault against this petitioner.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.84911 of 2019(2) dt.08-01-2020 2/3 wherein it is the submission of learned counsel for the petitioner that altogether 10 persons have been named in the FIR, but there is no specific allegation of giving assault on any vital part of the body of the informant or his son has been made against this petitioner and learned APP for the State having gone through the FIR submits that there are general allegations, the petitioner having no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Hussainganj (M.H. Nagar) P.S. Case No.144 of 2019, subject to the 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 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;

Patna High Court CR. MISC. No.84911 of 2019(2) dt.08-01-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T