Asrarul @ Md. Asrarul Hussain @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10212 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -BAUSI District- PURNIA ======================================================
1. Asrarul @ Md. Asrarul Hussain @ Pappu Son of Maqsood Hussain, Resident of Village - Harerampur, Police Station - Baisi, in the district of Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 427 of the Indian Penal Code and 3 of the Prevention of Damages to the Public Property Act. The prosecution case is that on 07.01.2016, Manazar Alam, Md. Massod Reza, Naar Alam and Md. Ismail took out procession under the Madarsa Darool Ulum Mufti-a-Azam after obtaining permission from the S.D.O., Baisi, when one Kamlesh Tiwary made an objectionable comment with regard to Paigambar
Patna High Court Cr.Misc. No.10212 of 2016 (2) dt.03-03-2016 Mohammad Sahab, as a result mob of 200-250 unknown came with deadly weapon and entered into the premises of police station and raised slogan against Kamlesh Tiwary and damaged the furnitures, computer and other materials of the police station.
It is submitted by the learned counsel for the petitioner that the First Information Report was lodged against 200-250 unknown persons. The name of the petitioner sprang up on the basis of C.C. T.V. footage. It is further submitted that the accusation is against the mob. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 03 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the
Patna High Court Cr.Misc. No.10212 of 2016 (2) dt.03-03-2016 investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.
(Dinesh Kumar Singh, J) P.K./- U T