Mokhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29325 of 2017 Arising Out of PS.Case No. -66 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Mokhtar Mian son of Aalu Mian resident of village - Irki, Police Station - Jehanabad, District - Jehanabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 66 of 2013 instituted for the offences punishable under Sections 147, 148, 149, 160, 163, 153A, 323, 337, 338, 307, 341, 427, 435, 504 and 506 of the Indian Penal Code.

It is alleged that on the date of occurrence, this petitioner and other co-accused indulged in brick batting when the procession was proceeding for emersion of Goddess Saraswati.

Learned counsel for the petitioner submits that the co-accused has been allowed anticipatory bail by one of the co-

Patna High Court Cr.Misc. No.29325 of 2017 (2) dt.01-07-2017 2/3 ordinate Bench of this Court and some of the co-accused has been allowed anticipatory bail by Sessions Court. The case of this petitioner stands on similar footing and so, he also deserves bail.

The learned APP, on the other hand, opposed the submission.

From perusal of the F.I.R. as well as the documents available on records, I find that one Safdar Mallick @ Bholu Mian has been allowed anticipatory bail on 01.10.2015 in Criminal Miscellaneous No. 28493 of 2015 by one of the coordinate Bench of this Court. Other co-accused have been allowed bail by Additional Sessions Judge-IIIrd, Jehanabad in A.B.P. Nos. 430 of 2016 and 433 of 2016.

In the aforesaid facts and circumstances and considering the case of this petitioner on similarly situated, the anticipatory bail prayer is allowed. The petitioner, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 66 of 2013, subject to the condition as laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.29325 of 2017 (2) dt.01-07-2017 3/3 Criminal Procedure.

(Sanjay Kumar, J) ajaypd./- U T