Md. Isarul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34169 of 2023 Arising Out of PS. Case No.-102 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== MD. ISARUL Son of Md. Ijahrul Haque R/o village - Madheli, Ward No.- 15, Shankarpur, P.S.- Alamnagar, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 342, 324, 307, 353, 188, 504 and 506 of the Indian Penal Code.
3. As per the FIR, when the informant being Home Guard told the people gathered to purchase vegetables and fruits to follow the instructions made for control of COVID-19 pandemic, all the accused persons started abusing and pelting stones at the police officials by forming unlawful assembly. They also made an attempt to snatch the arms of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.34169 of 2023(2) dt.25-07-2023 2/2 omnibus in nature. He further submits that petitioner is not named in the FIR and the name of the petitioner has been transpired during course of investigation. Similarly situated coaccused have been enlarged on bail by different co-ordinate bench of this court vide order dated 29.04.2022 and 26.05.2022 passed in Cr. Misc. No. 66238 of 2021 and Cr. Misc. No. 68963 of 2021, respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Alamnagar P.S. Case No. 102 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T