Md. Raunaque v. The State Of Bihar

Patna High Court Cr.Misc. No.33473 of 2018 (02) dt.05-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33473 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== Md. Raunaque, S/o- Salim Miyan @ Salim Bahab, Resident of VillageBaro, Milki Tola, Ward No. 04, P.S.- Phulwaria, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr. Sri Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Phulwaria Police Station Case No.117 of 2017, disclosing offences under Sections 147, 148, 149, 153(a), 353(A), 295(A), 332, 327, 337 and 427 of the Indian Penal Code and Section 3/4 of Explosive substance Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. The entire allegation against the petitioner is general and omnibus in nature. In fact, the entire allegation has been leveled against 47 named and 500 unknown persons and the petitioner is one of them. The petitioner neither named in the FIR nor any specific allegation is leveled against

Patna High Court Cr.Misc. No.33473 of 2018 (02) dt.05-06-2018 him. Moreover, several accused persons having more or less similar allegation have been granted the privilege of anticipatory bail by different co-ordinate benches of this Court in Cr. Misc. No. 1535 of 2018, Cr. Misc. No. 1989 of 2018, Cr. Misc. No. 2404 of 2018. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Judicial Magistrate, Ist Class, Begusarai, in connection with Phulwaria Police Station Case No.117 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T