Doctor @ Enamulla Khan @ Md. Enamulla Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23814 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Doctor @ Enamulla Khan @ Md. Enamulla Khan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nishant Kumar Jha For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 386, 379, 337, 323, 436, 307, 332, 353 and 427 of the Indian Penal Code.

The prosecution case is that a truck collided with a motorcycle resulted into death of eight persons and injuries to several persons. Consequently, a mob of 400-500 people made protest by pelting stones and put the alleged truck on fire, when police went to pacify the mob, the mob pelted stones on the police personal also and damaged other vehicles. The name of the petitioner was suggested by the local Chowkidar on subsequent enquiry and for the same occurrence three cases being Buxar (T) P.s. Case Nos. 117 and 118 of 2015 and Buxar (Industrial Area)

Patna High Court Cr.Misc. No.23814 of 2015 (2) dt.09-07-2015 2/2 P.S. Case No. 32 of 2015 were registered by the police. The petitioner is seeking bail in the present application in Buxar Town P.S. 118 of 2015.

It is submitted by learned counsel for the petitioner that accusation is against mob and only on suspicion, the petitioner has been roped in the all the three cases by police just in order to save their own skin and in other two cases, the petitioner has been granted bail and except these three cases, petitioner has no criminal antecedent.

Considering the accusation against the mob, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar (Town) P.S. Case No. 118 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T