Md. Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23873 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Usman, aged about 62 years, Male, Son of Md. Sadik Resident of Village - Purnahi, P.S.- Warisnagar, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Warisnagar P.S. Case No. 274 of 2018 registered for offences under sections 341, 323, 307, 504/34 of the Indian Penal Code.

As per prosecution story, two groups in the same village altercate on the issue of locking of Masjid. An allegation has been made by the second group that the Maulana is doing wrong things inside the Masjid. Again, the allegation has been made against the petitioner to have caused injury to the Informant by Lathi. Identical allegation has been made against Md. Islam.

Learned counsel for the petitioner submits that his

Patna High Court CR. MISC. No.23873 of 2019(2) dt.15-04-2019 2/2 case is exactly identical to the case of Md. Rahmat and Md. Islam who have been granted anticipatory bail by this Court vide order dated 11.2.2019 passed in Cr. Misc. No. 2398 of 2019.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 274 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T