Mujahid @ Rocky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22097 of 2022 Arising Out of PS. Case No.-300 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== MUJAHID @ ROCKY SON OF QAUM MIYAN R/O VILLAGE- KATRA, P.S.- LAHERI, DISTRICT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anwar Karim For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 323, 307, 337, 338, 332, 353, 427, 503, 153(A), 295(A), 188, 120(B) of the Indian Penal Code and section 27 of the Arms Act as well as section 3⁄4 of the Explosives Act and section 3 of Prevention of Damage to Public Property Act.
Allegedly, F.I.R. has been lodged against 83 named accused persons and 500 to 600 unknown persons for attacking the policemen with bricks and firing and bombing on them, due
Patna High Court CR. MISC. No.22097 of 2022(2) dt.24-08-2022 2/3 to which a policeman on duty and many others were injured. This act created a situation of communal riots in the city. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The F.I.R. was lodged against 83 named accused persons and 500 to 600 unknown persons. Similarly several similarly situated co-accused persons have been granted bail by different co-ordinate bench of this court as well as this court also. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of
Patna High Court CR. MISC. No.22097 of 2022(2) dt.24-08-2022 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Laheri P.S. Case No. 300 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T