Md. Rashid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39955 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Md. Rashid, Son of Md. Ayub @ Ayub Sheikh, Resident of Village- Nurpur Banhara, Ps- Bhagwanpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bhagwanpur P.S. Case No. 83 of 2022 instituted under Sections 147, 148, 149, 341, 323, 504, 307 and 353 of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons assaulted the police personnel and created hindrance in official duty being discharged by the informant and others.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.39955 of 2023(2) dt.28-07-2023 2/2 submits that similarly situated co-accused persons Md. Adil and Md. Shansha have been granted bail by a Coordinate Bench of this Court vide orders dated 02.11.2022 and 16.11.2022 in Criminal Misc. No. 39857 of 2022 and Criminal Misc. No. 45022 of 2022 respectively. Petitioner has no criminal antecedent.
5. Learned A.P.P. opposes the prayer for anticipatory bail.
6. Considering the fact and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 83 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T