Aslam Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23363 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Aslam Miyan Son of Late Rafu Miyan Resident of Village-Bhaluwahi, P.S.- Kawakole, District-Nawada .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Kawakole P.S.Case No. 171 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 427, 337, 436, 353, 153A, 307 and 379 of the Indian Penal Code. As per prosecution case, there was clash in between the two communities in connection with Muharram procession and thereby damaged the properties of other community and petitioner is named in the FIR.
Submission of learned counsel for the petitioners is that except he is named in the FIR there is nothing specific against him and other co-accused having similar allegation have been granted the privilege of anticipatory bail by a co-ordinate Bench of this
Patna High Court Cr.Misc. No.23363 of 2018 (2) dt.19-04-2018 2/2 Court vide order dated 11.1.2018 passed in Cr.Misc.No. 1473 of 2018 (Annexure-2).
Heard learned APP also.
Having heard both sides and in the facts and circumstances, let the petitioner, above named, surrender in the court below within a period of four weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Nawada, in connection with Kawakole P.S.Case No. 171 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U