Md. Akhlaque @ Akhlaque And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11336 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- HABIBPUR District- Bhagalpur ======================================================

1. Md. Akhlaque @ Akhlaque

2. Md. Ibrahim Both sons fo Late Suleman Resident of Mohalla Ajij Nagar Mukhda, Khelafatnagar Shahjangi, P.s. Habibpur District Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Habibpur P.S.Case No.141 of 2018 registered for offences punishable under Sections 147, 148, 149, 353,323, 332, 333, 504, 506, 307, 384, 387, 188, 143, 427 of the Indian Penal Code.

Allegation as per FIR is that due to accident the road blockade was created and the petitioner no.1 was leading the same. Petitioners are named in the FIR along with the other accused persons.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioners and having no criminal antecedent. Heard learned A.P.P. , who has opposed the prayer for bail

Patna High Court CR. MISC. No.11336 of 2019(2) dt.26-02-2019 2/2 on the ground that the petitioner no.1 was leading the mob. . Having heard both sides, so far petitioner no.1 Md. Akhlaque @ Akhlaque is concerned, let the petitioner no.1 surrender before the before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

So far petitioner no.2 Md. Ibrahim is concerned, let the petitioner no.2 in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM XIIth, Bhagalpur in connection with Habibpur P.S.Case No.141 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U