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Patna High CourtCR. MISC./10638/2024allowed

Sadique @ Sadique Reza v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10638 of 2024 Arising Out of PS. Case No.-541 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Sadique @ Sadique Reza S/o Moin @ Marhum @ Md. Moin Uddin R/o Vill - Banauliya. P.S. - Bihar, Dist. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 332, 333, 353, 427, 504, 506 of the IPC.

3.

As per the prosecution case, an altercation took place between two parties and the police party reached to pacify the matter, thereafter the petitioner and other accused persons participated in stone pelting upon the police party and created obstruction in discharge of their official duties. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. The allegation leveled against the petitioner is not specific

Patna High Court CR. MISC. No.10638 of 2024(2) dt.22-02-2024 2/2 rather general and omnibus in nature. Petitioner has no criminal antecedent and similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Misc. No.70295 of 2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Bihar P.S. Case No.541 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T