Md. Manzar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19808 of 2022 Arising Out of PS. Case No.-574 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== MD. MANZAR HUSSAIN SON OF MD. MOZAHIR HUSSAIN R/O MOHALLA- ARIF NAGAR, GEWALBIGHA, P.S.- RAMPUR, DISTRICTGAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 427, 435, 436, 353, 290, 283, 188, 379 and 120(B) of the Indian Penal Code read with Sections 3 and 4 of the Prevention of Damage to Public Property Act. Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and all the cases are of similar nature as alleged in the present FIR, Allegation in the FIR is that the petitioner along with five thousand persons had created ruckus in the name of protest against an incident which happened in Jamia Milia University in

Patna High Court CR. MISC. No.19808 of 2022(2) dt.18-10-2022 2/3 Delhi and they also damaged public property.

Learned counsel for the petitioner submits that the allegations are general and omnibus in nature and not specific, it is next submitted that petitioner is associated with different Muslim organizations and as such whenever the need arises protest march are taken out but in a peaceful manner, it is next submitted that similarly situated co-accused have been granted anticipatory and regular bail vide order dated 23.03.2021 in Criminal Miscellaneous No. 35842 of 2020 (Satish Kumar and Ors. Vs. The State of Bihar) and by order dated 02.06.2020 in Criminal Miscellaneous No. 18420 of 2020 (Md. Nasiruddin Vs. The Sate of Bihar).

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali P.S.

Patna High Court CR. MISC. No.19808 of 2022(2) dt.18-10-2022 3/3 Case No. 574 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T