Mohammad Sallu @ Md. Sallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26493 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Mohammad Sallu @ Md. Sallu S/o- Md. Sulman @ Md. Suleman R/oVillage- Bhaluhipur, PS- Ara Nagar, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar .

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 295, 295(A), 296 and 427 of I.P.C read with Sections 37, 45 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that in sum and substance the allegation is that during a procession the people of two communities started pelting stones against each other and when the police arrived, some miscreants even pelted stones at the police but then there is no allegation of any injury. It is also submitted that petitioner came to be identified by local

Patna High Court CR. MISC. No.26493 of 2024(2) dt.05-04-2024 2/2 people but then no specific allegation is alleged against the petitioner. It is also submitted, at the cost of repetition, that petitioner is not a criminal.

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

5. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara Nagar P.S. Case No. 724 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T