Md. Asad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11192 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== MD. ASAD SON OF LATE MD. MAQSOOD ALAM HEAD MOULVI OF MADARSA KASHIFUL ULOOM, KURUDIH, P.S.- GORADIH, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 471, 120B, 409 of the IPC and 7 of the Essential Commodities Act. Allegation against the petitioner is that he and other accused persons used to sell Government rice fraudulently. 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 due to local politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-

Patna High Court CR. MISC. No.11192 of 2023(2) dt.25-04-2023 2/2 accused namely Asif Anwar @ Md. Asif Anwar has been granted anticipatory bail by this Court vide order dated 31.01.2023 passed in Cr. Misc. No.71282 of 2022. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused has 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 Sabour (Goradih) P.S. Case No.303/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T