Md. Jabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39504 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Md. Jabbar, Son of Md. Imamuddin @ Imamuddin, Resident of VillageMurliganj, Ward No.14, Police Station- Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioner apprehends his arrest in Murliganj P.S. Case No.154/2017, registered under Sections 341, 342, 323, 427, 353, 120-B and 34 of the Indian Penal Code.

The informant Dr. Dwarika Prasad Raman posted at P.H.C. Murliganj, Madhepura alleged that one patient was found serious and he was referred to Sadar Hospital, Madhepura and when the patient was being taken to Madhepura Sadar Hospital in Ambulance, Dilip Khan, Md. Jabbar, Md. Manzur and 15 to 20 other persons ransacked the hospital and damaged different properties of the hospital.

Learned counsel for the petitioner submits that the occurrence took place on 14.05.2017 but the written report with

Patna High Court Cr.Misc. No.39504 of 2018 (2) dt.09-07-2018 2/2 regard to occurrence took place on 14.05.2017 was given on 22.05.2017, on the basis of which the present F.I.R. has been lodged. It is further submitted that similarly situated co-accused Dilip Khan has already been enlarged on anticipatory bail vide order dated 11.08.2017 passed in Cr. Misc. No.36314 of 2017. The case of the petitioner stands on same footing. Taking into consideration the fact that similarly situated co-accused Dilip Khan has been granted anticipatory bail by another co-ordinate Bench of this court, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to 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 C.J.M., Madhepura, in connection with Murliganj P.S. Case No.154/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.