Md. Kamar @ Md. Kamar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52374 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Md. Kamar @ Md. Kamar Ali S/O Md. Umar Ali R/O Village- Ghormohana, Tole Malin, Belha, P.S- Lalmaniya O.P., Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Laukaha P.S. Case No. 198 of 2023 instituted under Sections 147, 149, 341, 342, 323, 332, 333, 353, 427, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, during panchayati, 22 accused persons including this petitioner were involved in assaulting one person and when the police went to rescue him, the accused persons misbehaved with the police. The local chowkidar identified the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.52374 of 2024(4) dt.23-08-2024 2/2 petitioner. No one has got injury in the alleged occurrence. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court vide orders dated 08.05.2024 and 12.07.2024 passed in Cr.Misc.No.20600 of 2024 and Cr.Misc.No.34876 of 2024. The petitioner has no criminal antecedent and he undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No. 198 of 2023 (G.R. No.1334 of 2023) subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T