Anwar Shekh @ Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24221 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== Anwar Shekh @ Md. Arif, aged about 32 years, Gender - Male, S/o Md. Idrish @ Idrish Shekh, Resident of Village- Dhamaul, P.S.- Kurtha, DistArwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2020 Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioner undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

The petitioner apprehends his arrest in connection with Kurtha P.S. Case No. 138 of 2019 registered for the offences punishable under Sections 147, 149, 323, 332, 353, 427, 504 and 506 of the Indian Penal Code and Sections 3⁄4 of Prevention of Damage of Public Property Act.

Prosecution case is that police got information that several villagers surrounded some persons and assaulted by fists and slaps on the information police reached there and took them

Patna High Court CR. MISC. No.24221 of 2020(2) dt.14-10-2020 2/2 to the police station where several persons including the petitioner damaged the police jeep and government property. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition. He further submits that similarly situated co-accused have been granted bail by different Bench of this Hon'ble Court enclosed at Annexure-2 series in the bail petition.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Kurtha P.S. Case No. 138 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T