Jahir Miyan @ Jahruddin @ Md. Jahiruddin @ Jahir @ Md. Zahiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47672 of 2021 Arising Out of PS. Case No.-562 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== JAHIR MIYAN @ JAHRUDDIN @ MD. JAHIRUDDIN @ JAHIR @ MD. ZAHIRUDDIN Son of Late Usman Miyan Resident of Village - Jamuhar (Gopi Bigha), P.S.- Dihri, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending his arrest in Dehri (T) P.S. Case No. 562 of 2019 registered under Sections 147, 148, 149, 323, 307, 353 of the Indian Penal Code.
Allegedly, while the police went to stop and demolish
Patna High Court CR. MISC. No.47672 of 2021(2) dt.10-01-2022 2/3 illegal crusher machine, local people protested and pelted stones. Firing was also made on police.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per prosecution case, illegal crushing of stone was being done and while the police went there and started demolishing the machine, the local residents started protest. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 17 named persons along with 150 unknown persons have been made accused in the present case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.47672 of 2021(2) dt.10-01-2022 3/3 Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri (T) P.S. Case No. 562 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T