Mohammad Babar @ Md. Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35080 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== Mohammad Babar @ Md. Babar Son of Moh. Mahfooz Alam Resident of Village- Paithan Toli- Koilwar, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Koilwar P.S. Case No. 1 of 2019 registered for the offences under Sections 307, 427 and other sections of the Indian Penal Code.

As per the allegation in the FIR, the informant received information that there was a clash between two groups and stones, bricks etc., were hurled by both the sides. It is alleged that when the police personnel reached there, two persons were caught and on their confession the name of the petitioner and others came.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.35080 of 2019(2) dt.30-05-2019 2/2 the case of the petitioner stands on similar footing to three other co-accused persons who have been enlarged on bail by order dated 04.04.2019 passed in Cr. Misc. No. 20962 of 2019 by this court. A copy of the order is annexed as Annexure 2 to this application.

Having heard the learned counsel for the petitioner and the learned APP for the State, in view of the general and omnibus allegations and in view of the fact that other similarly situated co-accused have been granted bail, I am inclined to enlarge the petitioner on bail. Let the petitioner namely, Mohammad Babar @ Md. Babar surrender in the Court below within six weeks from today. In case of his arrest or surrender, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 1 of 2019 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U