Sonu Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31382 of 2022 Arising Out of PS. Case No.-178 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== SONU KHAN S/o Firoj Khan Resident of Imali Chowk, Near Kabristan, P.S.- Bettiah Town, District-West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 295A, 307, 337 of the Indian Penal Code and Section 3 of the Prevention of the Damage to Public Property Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. In the FIR, it is alleged that on account of an accident, which had taken place because of collision between the two motorcyclists, many people belonging to the two different community had assembled at the place of occurrence. It is
Patna High Court CR. MISC. No.31382 of 2022(2) dt.21-10-2022 2/3 further alleged that five persons, who were named in the First Information Report, were arrested by the police who were trying to incite their supporters for creating communal disturbances. It is further alleged that name of the petitioner transpired in the FIR that he along with some others were also identified to have been creating a situation for causing communal disturbance. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that the allegation is general and omnibus in nature. It is next submitted that similarly situated co-accused Abhishek Kumar and Emam Mian @ Imam Hasan have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 04.05.2018 passed in Cr. Misc. No. 25577 of 2018 and order dated 20.12.2021 passed in Cr. Misc. No. 21797 of 2021.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.31382 of 2022(2) dt.21-10-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah Town P.S. Case No. 178 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T