Chand Khan @ Chand Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32701 of 2023 Arising Out of PS. Case No.-826 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== Chand Khan @ Chand Alam Son of Shakil Khan @ Shakil Ahmad Resident of Village- Baag Bhai Khan, PO- Sasaram (T), PS- Sasaram (T), DistrictRohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Kumar Mr.Syed Asgher Najmi For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 186, 187, 188, 290, 291 and 353 of the Indian Penal Code and section 3 of the Epidemic Diseases Act and section 51(B) of the Disaster Management Act.
3. As per the prosecution case, all the eight FIR named accused persons instigated the crowd to attack on the police force. Thereafter, on the instigation, the crowd being excited abused and attacked on the police force by hand, leg, bricks and stones, due to which the informant sustained serious head injury and others also sustained simple injuries.
Patna High Court CR. MISC. No.32701 of 2023(2) dt.24-07-2023 2/2
4. It is submitted that there is general and omnibus allegation against all the accused persons and no specific overt act has been alleged against this petitioner. Similarly situated co-accused have been granted bail by another Bench of this court vide order dated 29.11.2022 passed in Cr. Misc. No. 35772 of 2022 and order dated 18.10.2022 passed in Cr. Misc. No. 29307 of 2022.
5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six 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 the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Nagar P.S. Case No. 826 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T