Md. Farooque Mukhia @ Farooque Azam @ Marooque Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38676 of 2018 Arising Out of PS. Case No.-272 Year-2016 Thana- HARSIDHI District- East Champaran ====================================================== Md. Farooque Mukhia @ Farooque Azam @ Marooque Azam S/o M. Sharif Ansari, R/o Vill.- Dudhahi, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Harsidhi P.S. case no. 272 of 2016 instituted for the offence under Section(s) 147,149, 323, 307, 353, 222, 223, 224, 225 and 120B of the Indian Penal Code.

It is submitted that there is general and omnibus allegation against this petitioner as member of unlawful assembly. It is alleged in the written report that the trap team has caught red handed one B.D.O., namely, Lokendra Kumar and his accountant, namely, Anjan Kumar. While they were being taken from his chamber about 300-400 persons assembled and

Patna High Court Cr.Misc. No.38676 of 2018(2) dt.04-07-2018 2/3 they resorted to stone pelting at the instance of aforesaid Lokendra Kumar and Anjan Kumar as a result of which they managed to run away. As such, mere vague and general allegation has been levelled against this petitioner. The other co-accused person of this case has already been granted anticipatory bail by coordinate Bench of this Court vide order dated 3.5.2017 passed in Cr. Misc. no. 13125 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Harsidhi P.S. case no. 272 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, Dist. East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.38676 of 2018(2) dt.04-07-2018 3/3 petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T