Mohtasib Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34942 of 2024 Arising Out of PS. Case No.-110 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Mohtasib Neyaz, Son Of Neyaz Ahmad Vill. Chhata Tola Hata Ps. -Hussainganj Dist.- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 435, 436, 427 and 120(B) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case during the course of investigation. It is next submitted that petitioner, at the time of alleged occurrence, was a Second Year Medical Student. It is further submitted that petitioner is not named in the F.I.R. It is next submitted that the students, who are named in the F.I.R., had approached this Court seeking anticipatory bail application by filing Cr. Misc. No.27981 of 2022 and the same was allowed by an order dated 11.07.2022 after considering the case on merits. It is

Patna High Court CR. MISC. No.34942 of 2024(2) dt.17-05-2024 2/2 further submitted that co-accused Nitesh Kumar, who is similarly situated like the petitioner, had also moved this Court seeking anticipatory bail by filing Cr. Misc. No.41341 of 2022 and the same was allowed by an order dated 12.12.2022. Thus, the learned counsel seeks anticipatory bail for the petitioner based on parity.

4. Learned A.P.P. opposes the anticipatory bail application of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with A.B.P. No.239 of 2024 arising out of Laheriasarai P. S. Case No.110 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T