Md Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20635 of 2024 Arising Out of PS. Case No.-257 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

MD RASHID SON OF MD JAMAL RESIDENT OF VILLAGE - LOAM, P.S. - SADAR, DISTRICT - DARBHANGA 2.

MD NAZ @ MD HUSSAIN @ MD HASSAIN SON OF MD ASLAM RESIDENT OF VILLAGE - LOAM, P.S. - SADAR, DISTRICT - DARBHANGA 3.

MD ADIL @ MD ZEYAUDDIN @ MD ZIYAUDDIN SON OF MD HAFIZ MOHIUDDIN RESIDENT OF VILLAGE - LOAM, P.S. - SADAR, DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha, Advocate.

For the State :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-04-2024 Heard Mr. Kedar Jha, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Sadar P.S. Case No. 257 of 2019 registered for the offence punishable under Sections 147, 149, 283, 341 and 353 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., nine F.I.R. named accused persons including the petitioners and fifty unknown accused persons are said to have obstructed the police

Patna High Court CR. MISC. No.20635 of 2024(2) dt.04-04-2024 2/2 personnel in discharge of their duties while they were trying to unblock the road.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged in the F.I.R. No specific allegation has been levelled against the petitioners rather the allegation is general and omnibus. Petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation against the petitioners being general and omnibus, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Sadar P.S. Case No. 257 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T