Md. Noor Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45544 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Md. Noor Alam, Son of Late Aslamuddin, Resident of Village- Rampur, Police Station- Gogri, District- Khagaria, at present Sarpanch of Gram Panchayat Rampur, Police Station Gogri, District- Khagaria. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Viveka Nandsingh, Advocate : Mr. Aarsh Kumar, Advocate For the Opposite Party : Mr. Sri Ashok Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner prays for anticipatory bail in connection with Gogri P.S. case no. 134 of 2016 registered for the offences punishable under Sections 144, 147, 188, 353 and 504 of the Indian Penal Code and Section 9 of Loud Speaker Act. It has been submitted on behalf of petitioner that except Section 353 I.P.C., all other sections are bailable in nature and the only allegation against the petitioner is that he along with others sat on the dharna under the leadership of sarpanch before Block-cum-Circle office without taking prior permission.
Patna High Court Cr.Misc. No.45544 of 2016 (2) dt.16-12-2016 2/2 Heard learned A.P.P. for the State.
Having heard both sides and from perusal of the records, it appears that except the allegation that petitioner is also one of the members of the mob who played foul play, there is nothing against the petitioner.
Considering the facts and circumstances of the case, submissions advanced and also that the petitioner has no criminal antecedent, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate,-1st class, Khagaria in connection with Gogri P.S. case no. 134 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J.) rinkee/- U T