Nurul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25065 of 2018 Arising Out of P.S.Case No. -111 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nurul Hoda, Son of Islam Leath Mistri, Resident of Village- Lota Tola Jamuniya P.S.- Sahodra, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Jeet, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-04-2018 Heard.

The petitioner apprehends arrest in connection with Gaunaha P.S.Case No.111 of 2017 registered for an offence under Section 307 and other Sections of the IPC.

The allegation as per FIR is that an unlawful assembly of 700 to 800 persons indulged in arson loot and assault on the police personnel.

It has been submitted that there is general and omnibus allegation against the petitioner who is alleged to be member of mob. Petitioner has clean antecedent and has been allegedly identified by the local people and Chaukidar. The other coaccused have been allowed anticipatory bail by different coordinate Benches of this Court vide Cr.Misc.No.10272 of 2018, Cr.Misc.No.10848 of 2018, Cr.Misc.No.5758 of 2018, Cr.Misc.No.17145 of 2018 and Cr.Misc.No.13558 of 2018. The

Patna High Court Cr.Misc. No.25065 of 2018 (2) dt.27-04-2018 2/2 case of this petitioner stands on similar footing and so he also deserves anticipatory bail.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Bettiah in connection with Gaunaha P.S.Case No.111 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T