Md. Adil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39857 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Md. Adil Son Of Md. Parwej @ Parwej R/O Village- Noorpur Banhara, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-11-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,504,307,353 of IPC.

Allegation against the petitioner is that when the informant and the police party were reached at the place of occurrence to settle the dispute and had taken initiative to pacify the matter, but at the same time, all the FIR named accused persons including the petitioner have started to assault the police personnel and also created hindrance in performing the Govt.

Patna High Court CR. MISC. No.39857 of 2022(2) dt.02-11-2022 2/3 duty.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. Further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioner. Further submits that no case under Section 307 of IPC is made out so there is no injury report on the record and there is no specific allegation of overtact or assault against the petitioner. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Bhagwanpur P.S. Case No. 83 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.39857 of 2022(2) dt.02-11-2022 3/3 Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T