Md. Asif @ Md. Asique @ Asique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4307 of 2022 Arising Out of PS. Case No.-815 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Md. Asif @ Md. Asique @ Asique Son Of - Afzal Hussain Resident Of Mohalla - Gareria Khand, P.S. And Distt. - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 153, 153A, 147, 149, 333, 353 of the Indian Penal Code.

Allegedly, 32 named and near about 200 unknown people gathered near Imambara and started raising slogans of provocation with intent to cause riot for promoting enmity between two community.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.4307 of 2022(2) dt.25-07-2022 2/2 implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the similarly situated co-accused has already been granted bail by a Bench of this Court on 24.12.2021 passed in Cr. Misc. No. 8704 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has already been granted bail, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jehanabad P.S. Case No. 815 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T