Jalal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3606 of 2020 Arising Out of PS. Case No.-57 Year-2018 Thana- SISWAN District- Siwan ====================================================== 1.

JALAL AHMAD Son of Sekh Rustam Resident of Village- Ushri Bag Toli (Khurd), P.S.- Sishwan (M. H. Nagar), District- Siwan. 2.

Mister Mian @ Md. Abdullah Son of Shabir Ahmad @ Md. Sabbir R/o Village- Hasanpura, P.S.- Shishwan (M. H. Nagar), District- Siwan. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners in the present case are seeking anticipatory bail in connection with Sishwan (M.H. Nagar) P.S. Case No. 57 of 2018 registered for the offences punishable under Sections 147, 148, 149, 342, 188, 427, 323, 435, 379, 295A, 296, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and there is no specific allegation causing any overt act against the petitioners. The petitioners are said to be the members of the mob consisting of 200 unknown persons.

Learned APP has though opposed the prayer of

Patna High Court CR. MISC. No.3606 of 2020(2) dt.21-01-2020 2/3 anticipatory bail but accepted that there is no specific allegation against the petitioners.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that though they are said to be the members of the mob but it has not been controverted by learned APP that there is no specific allegation of causing assault against these petitioners and that there are general and omnibus kind of allegations, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Sishwan (M.H. Nagar) P.S. Case No. 57 of 2018 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Siwan, subject to the conditions 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

Patna High Court CR. MISC. No.3606 of 2020(2) dt.21-01-2020 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T