Pappu @ Saddam @ Md. Faishal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17628 of 2024 Arising Out of PS. Case No.-541 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Pappu @ Saddam @ Md. Faishal Son Of Manju Miya @ Md. Islam Resident Of Village- Banauliya, Ps- Bihar, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bihar P.S. Case No. 541 of 2023 dated 14.06.2023 instituted for the offence punishable under Sections 147, 148, 149, 307, 332, 333, 353, 427, 504, 506 of the Indian Penal Code.
3. The allegation against the petitioner is that there was altercation between the two parties in which petitioner was also involved. When the same was warded off by the police team, the petitioner and others also pelted stones on them and created hindrance in discharging their official duty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the present F.I.R. has been
Patna High Court CR. MISC. No. 17628 of 2024(2) dt.18-03-2024 2/2 lodged against 20 named and 50 unknown accused persons. Petitioner is named accused person. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Md. Harish, Joba Kuraishi @ Md. Sikandar and Aaro @ Md. Dilshad have been granted anticipatory bail vide order dated 02.11.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 70295 of 2023. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bihar P.S. Case No. 541 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T