Md. Ehatsham Alam @ Ehatashamul @ Md.Ehatsham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3354 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -BHAWANIPUR District- PURNIA ====================================================== MD. EHATSHAM ALAM @ EHATASHAMUL @ MD.EHATSHAM, son of Md. Ushaman, resident of village-Chhapan, P.S.-Bhawanipur, District-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bhawanipur P.S. Case No.273 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 342, 332, 333, 353, 504, 506 Indian Penal Code and Section 3⁄4 of the Prevention of Damage to the Public Property Act.

Counsel for the petitioner has submitted that although petitioner is named in the written report, there is general and omnibus allegation against him.

Prosecution case is that on the date of occurrence in the village-Chhapan near Petrol Pump, about 250 persons armed with various weapons, obstructed the movement of traffic on the road on account of a woman and a child having injured in motor

Patna High Court Cr.Misc. No.3354 of 2018 (3) dt.06-03-2018 2/2 vehicle accident and raised slogans against the administration and police.

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 Bhawanipur P.S. Case No.273 of 2017, 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 SubDivisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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) JA/- U T