Md. Aftab Alam @ Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10210 of 2023 Arising Out of PS. Case No.-487 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MD. AFTAB ALAM @ AFTAB ALAM S/O LATE GULZAR AHMAD R/o mohalla- Azad Nagar, P.S.- Aurangabad Town, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 337, 338, 353, 186, 307, 504, 506, 427 and 386 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act, Section 3⁄4 of Prevention of Damage to Public Property Act, Section 27 of the Arms Act and Section 67 of the Information Technology Act pending in the learned court below. As per the prosecution case, the petitioner in association with other co-accused persons is said to have made obstruction to deter the Police personnel in performing their public duties while protesting against enactment of the Citizenship Amendment Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.10210 of 2023(2) dt.20-04-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that similarly situated other co-accused person has already been granted bail by this Court vide order dated 05.04.2023 passed in Cr. Misc. No. 75250/2022. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Aurangabad Town P.S. Case No.487/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T