Md. Juhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34964 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== MD. JUHI S/o- Late Naeemuddin Resident of Village- Senapatti, P.S.- Town, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Darbhanga Town P.S. Case No. 139 of 2019 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 448, 307, 379, 354, 435, 436, 506, 504, 120(B) and 411 of the Indian Penal Code.

The allegation is regarding 20 named and 50 unknown persons having assaulted the members of the prosecution party as also are alleged to have committed loot in the shop of the informant.

Patna High Court CR. MISC. No.34964 of 2020(2) dt.21-12-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 08.07.2020. It is further submitted that a general and omnibus allegation has been levelled against the petitioner and other accused persons and in fact similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide orders dated 13.09.2019, 19.09.2019 and 01.10.2019 passed in Criminal Misc. No. 56924 of 2019, Criminal Misc. No. 58114 of 2019 and Criminal Misc. No. 59295 of 2019.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted the privilege of bail, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.34964 of 2020(2) dt.21-12-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Town P.S. Case No. 139 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T