Md Kazim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19698 of 2022 Arising Out of PS. Case No.-86 Year-2016 Thana- BARSOI District- Katihar ====================================================== MD KAZIM Son of Md. Sikandar Alam Resident of Village- Talwa, P.S.- Abadpur, District- Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Barsoi P.S. Case No. 86 of 2016, registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 325, 307, 332, 333, 353, 427, 337, 338, 379, 120(B) of the Indian Penal Code. After panchayat election the counting of votes was going on. The counting was stopped as some of the ballot papers were found wet. It is alleged that frenzy mob created chaos, dismantled police vehicles and assaulted the police personnel as well as the driver of jeep.

Learned counsel for the petitioner has submitted that 32

Patna High Court CR. MISC. No.19698 of 2022(2) dt.06-09-2022 2/2 accused persons were named in the FIR and the petitioner is not amongst them. He has submitted further that he was not present at the spot rather his name has figured in paragraph No. 63 of the case diary in the statement of police inspector. He has further submitted that other co-accused persons have been granted anticipatory bail. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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, Katihar in connection with Barsoi P.S. Case No.

86 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.