Imran Momin @ Md. Imran Momin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30908 of 2024 Arising Out of PS. Case No.-535 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Imran Momin @ Md. Imran Momin Son of Mustafa Momin Resident of Pawriya Tola Anjuman Jama Masjid Ward No.- 27, Police Station - Bagaha, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 186, 188, 341, 323, 326, 307, 353, 332, 333, 152, 153, 337, 338, 285, 286, 354A, 436, 504, 506, 509 and 120B of the Indian Penal Code and Sections 3 and 4 of the Public Property Damage Act.
3. As per prosecution case, at the alleged date and time of occurrence, 44 named, including this petitioner, and 200-300 unknown miscreants, armed with deadly weapons, shouted anti-religious slogans and pelted stones over police party on account of which several police personnel sustained injuries and they also damaged public property .
4. It is submitted by learned counsel appearing on behalf of the petitioner that there is general and omnibus
Patna High Court CR. MISC. No.30908 of 2024(2) dt.17-05-2024 2/2 allegation against the petitioner. Only on the basis of suspicion the petitioner has falsely been implicated in this case. Similarly situated co-accused person has already granted bail by this Court vide order dated 31.01.2024 in Cr. Misc. No.2351 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Additional Chief Judicial Magistrate-1st , Bagaha, West Champaran, in connection with Bagaha P.S. Case No.535 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T