Md. Baban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14641 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- ROH District- Nawada ====================================================== MD. BABAN Son of Late Sultan Mian Resident of Village-Kali Asthan, Roh, Police Station-Roh in the district of Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Md. Mushtaque Alam, the learned APP appearing for the State.

This is an application for grant of anticipatory bail in connection with Roh P.S. Case No. 100 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 448, 323, 354(B), 379, 504, 506, 308, 337 and 427 of the Indian

Patna High Court CR. MISC. No.14641 of 2020(2) dt.03-07-2020 2/3 Penal Code.

The allegation is regarding quarrel and altercation having taken place in between the members of two community on account of minor incident.

The learned counsel for petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a fair antecedent inasmuch as he is an accused in one other case, which has been subsequently registered by the police for the same occurrence, which is subject matter of the present case. It is further submitted that no specific allegation of any sort has been levelled against the petitioner herein, hence, the petitioner be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no specific allegation of

Patna High Court CR. MISC. No.14641 of 2020(2) dt.03-07-2020 3/3 any sort has been levelled against the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Roh P.S.Case No. 100 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T