The court dismissed an application for anticipatory bail but directed the petitioner to surrender within six weeks, after which he would be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Petitioner directed to surrender within six weeks; shall be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34560 of 2019
Arising Out of PS. Case No.-539 Year-2017 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Md. Ahashan S/o Kayam Uddin @ Md. Kayamuddin R/o village- Baro, P.S.Phulwaria, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjana, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 28-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has filed this instant application for grant of anticipatory bail apprehending his arrest in connection with Muffasil P.S. Case No. 539 of 2017, registered under Sections 420, 467 and 468/34 of the Indian Penal Code.
As per allegation made in the F.I.R., it has been alleged that co-accused Syed Naiyar Hasan has sold 16 Katha of land of the informant to one another co-accused namely, Syed Md. Hashim and on the said sale-deed, petitioner is one of the identifiers.
It is submitted on behalf of the petitioner that his case stands on a better footing than the case of co-accused namely,
Patna High Court CR. MISC. No.34560 of 2019(2) dt.28-05-2019 2/2
Syed Naiyar Hasan and Syed Md. Hasan, the vendor and vendee both of whom have already been granted bail vide order dated 09.01.2019 passed in Cri. Misc. No. 63651 of 2018.
Learned APP appearing for the State opposes the application for anticipatory bail of the petitioner.
Having heard the counsel for the parties and considering the fact that both the co-accused have been granted bail as stated above, the petitioner namely, Md. Ahashan, is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 539 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
sushma/- U T
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending his arrest in connection with the offences under Sections 420, 467, and 468 IPC.
1 provisions across 1 enactments
Md. Ahashan S/o Kayam Uddin
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
