Md. Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28407 of 2022 Arising Out of PS. Case No.-102 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== MD. MISTER S/o Md. Nazim R/o village- Madheli Diyara, P.S.- Alamnagar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alam Nagar P.S. Case no. 102 of 2021 instituted for the offence under Section 30(a) of Bihar Prohibition & Excise Act, 2018 and Section 147, 149, 341, 323, 342, 324, 307, 353, 188, 504 and 506 of the Indian Penal Code and Section 51 of Disaster and Management Act.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty. It is further alleged that that they tried to loot their licensee gun. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.28407 of 2022(2) dt.18-10-2022 2/2 has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no criminal antecedent. Injury received by the injured is simple in nature. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Alamnagar P.S. Case no. 102 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I Udakishunganj, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U