Md. Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42364 of 2018 ======================================================

1. Md. Mustafa S/o Jabar, Resident of Village + P.S.- Dhamaul, DistrictNawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioner apprehends his arrest in connection with Pakaribarawan P.S. Case No.157 of 2017 registered under Sections 147, 148, 149, 341, 323, 353, 153(A), 295, 295(A) and 427 of the Indian Penal Code.

The informant alleged that a procession was going on with new idol and when the procession reached near Imambara Dhamaul chowk, 70-80 persons of other community came there and started making slogan. The police tried to pacify the member of the mob but they started pelting stones.

Learned counsel for the petitioner submits that of course the petitioner is named in the F.I.R. but no specific allegation has been made against the petitioner. Many other

Patna High Court Cr.Misc. No.42364 of 2018 (2) dt.19-07-2018 2/2 accused persons have been granted anticipatory bail vide order dated 16.01.2018, 17.02.2018 and 07.06.2018 passed in Cr. Misc. No.1900 of 2018, Cr.Misc. No.7633 of 2018 and Cr. Misc. No.33310 of 2018 respectively.

Taking into consideration the aforesaid fact and the nature of allegation made against the petitioner and the fact that similarly situated other accused persons have been granted anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Nawada, in connection with Pakaribarawan P.S. Case No.157 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Amit/- U T