Md. Alamgir Rayeen @ Alamgir Rayeen @ Alamgir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10953 of 2024 Arising Out of PS. Case No.-704 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Md. Alamgir Rayeen @ Alamgir Rayeen @ Alamgir Son of Md. Shahabuddin Rayeen @ Sahabu Rayeen Village Chhawani Muhalla Ward No.10 Bhabua Police Station Bhabua, District- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Pathak For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Bhabua P.S. Case No. 704 of 2023 registered for the offences punishable under Sections 147, 148, 149, 160, 323, 324, 307, 337, 353, 153(A), 153, 295, 295(A), 109, 504 of the Indian Penal Code.
3. As per prosecution case, members of mob began to make noise during the procession of Muharram. When informant tried to pacify the said mob, members of the mob pushed the informant and his team. It is further alleged that the said mob pelted stones on the temple. The members of mob also damaged the motorcycles parked at roadside. It is alleged that
Patna High Court CR. MISC. No.10953 of 2024(2) dt.11-03-2024 2/3 petitioner is one of the members of mob, who is identified by the local people.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of one case in which he is on bail. No specific allegation has been levelled against the petitioner rather the allegations are general and omnibus in nature. Petitioner has been made accused in the case on the basis of false accusation. Basically, petitioner has nothing to do with the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, there is no specific allegation against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Bhabua P.S.
Patna High Court CR. MISC. No.10953 of 2024(2) dt.11-03-2024 3/3 Case No. 704 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T