Md. Prabesh @ Md. Parbez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27085 of 2023 Arising Out of PS. Case No.-28 Year-2020 Thana- ANDHRATHARHI District- Madhubani ====================================================== Md. Prabesh @ Md. Parbez Alam Son of Kamrujama Resident of Village - Gidarganj, P.S.- Andhrathadi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 3, 9 of the Epidemic Disease Act.

On secret information that some outsiders assembled in the Mosque situated at Gidarganj, informant along with other police officials arrived at the spot, thereafter, mob started pelting stones, started firing and assaulted the informant and other police officials, as a result of which some police personnel and Circle Officer got injured.

It is submitted that petitioner has been falsely implicated in this case only on suspicion. Allegation of assault

Patna High Court CR. MISC. No.27085 of 2023(2) dt.07-07-2023 2/2 is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Petitioner is only alleged to be member of the mob. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Jhanjhapur, Madhubani in connection with Andharathadi P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T