Md. Sabratu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 18991 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- ABADPUR District- Katihar ====================================================== MD SABRATU S/o Late Ajijul R/o Dhumtola, P.S.- Abadpur, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard Mr Sanjeev Kumar Singh, learned counsel for the petitioner as well as Ms Meena Singh, learned APP for the State.

Petitioner seeks bail in Abadpur Police Station (for brevity, PS) Case No 14 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 323, 341, 307, 353, 332, 333, 427, 436, 120B of Indian Penal Code. Prosecution case is that on 08.02.2020, the instant

Patna High Court CR. MISC. No.18991 of 2020(2) dt.09-06-2020 2/3 accused along with 46 other named persons and many unnamed accused persons have assembled at the Abadpur PS and have indulged in arson and violence. Damaging of vehicle is also alleged and they have obstructed the police in discharging their duties.

It is submitted by the petitioner's counsel that the petitioner is one amongst the 47 named persons. He has no criminal antecedent and there is no specific allegation against the petitioner. On suspicion, the petitioner has been implicated and it is submitted that other named accused persons, namely, Iliyas @ Md Iliyas, Md Kasim and Md Asik @ Md Asim have been allowed bail by this Court in Cr Misc No 18490 of 2020 by order dated 03.06.2020.

The learned APP for the State opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Katihar in Abadpur PS Case No 14 of 2020 subject to the following

Patna High Court CR. MISC. No.18991 of 2020(2) dt.09-06-2020 3/3 conditions -

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T