Md. Manzer Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17244 of 2022 Arising Out of PS. Case No.-558 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Md. Manzer Hussain Son Of Md. Mozahir Hussain R/O Mohalla- Arif Nagar, P.S.- Rampur, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shivendra Prasad, Advocate For the Opposite Party :

Mr.Manoj Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 147, 149, 283,290, 427, 323, 341/353 of the Indian Penal Code.

As per the prosecution case, petitioner and other accused persons forming unlawful procession, violated the prescribed route and created obstacle before Commissioner office. They assaulted one Shobha Sihna and damaged vehicles. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on suspicion. He was not the member of Gaya Muslim Front nor participated in the said procession.

Learned counsel for the State opposes the prayer for bail. He submit that even as per paragraph 3 of the bail petition petitioner has got six criminal cases pending against him. He

Patna High Court CR. MISC. No.17244 of 2022(2) dt.29-08-2022 2/2 further submits that there is specific allegation against the petitioner that he along with other accused persons participated in the procession indulged in obstruction of traffic, damaged public and private property. They assaulted one Sobha Devi and obstructed police party in discharge of the official duty and caused huge loss of public property. During investigation, witnesses have also supported the prosecution case. Considering the specific allegation against the petitioner as well as his criminal antecedent, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T