Md. Junaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8019 of 2019 Arising Out of PS. Case No.-1098 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Junaid (Male), aged about 40 years, Son of Md. Faizul Hasan Resident of - Ward No. - 13, Mehsaul Gote, PS- Parihar, Distt- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Sitamarhi P.S. Case No. 1098 of 2017 registered for offences under sections 143, 188, 283, 285, 290, 291 and 353 of the Indian Penal Code.

As per allegation, on 21.12.2017 at about 10.30 AM, the supporters of the R.J.D. along with Peoples' Representatives blocked the vehicular movement of the Sitamarhi Main Road and paralyzed the same till 3 PM. This has happened because of the call given by the R.J.D. shutter down of the entire State. Learned counsel for the petitioner submits that accept this, no other allegation of any overt act has been attributed against the present petitioner. He has also submitted that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.8019 of 2019(2) dt.13-02-2019 2/2 Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 1098 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 8.2.2019, then he would not be released.