Md. Alauddin @ Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46316 of 2024 Arising Out of PS. Case No.-493 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Md. Alauddin @ Alauddin son of Shahid Village- Kadgama Jageli W.No-8, Ps- Sri Nagar Dist- Purnea 2.

Md. Shahnawaz son of Faruqe Village- Kadgama Jageli W.No-8, Ps- Sri Nagar Dist- Purnea 3.

Md. Khalil son of Shekh Salamat Village- Kadgama Jageli W.No-8, Ps- Sri Nagar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-09-2024 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with K. Nagar (Sri Nagar) P.S. Case No. 493 of 2022 registered for the offences punishable under Sections 147, 149, 341, 342, 353, 332, 224, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.46316 of 2024(2) dt.04-09-2024 2/3

3. The allegation against petitioners is to make out an escape of apprehended accused persons during the police raid and in course of occurrence also caused hurt to police personnel and also to deter them to discharge official duties.

4. Learned counsel appearing on behalf of the petitioners submitted that allegation against above named petitioners are very much general and omnibus without attributing any specific overt act and as they were neighbours of the apprehended accused persons, were named in present case without having any connecting material. While concluding the argument, it is submitted that petitioners are of clean antecedents and the similar situated co-accused namely, Jawed Alam and Md. Kaiyum have been granted anticipatory bail by this Court through Cr. Misc. No. 31400 of 2024 vide an order dated 26.04.2024.

5. Learned APP for the State opposes the prayer of anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.46316 of 2024(2) dt.04-09-2024 3/3 6.

Considering the aforesaid facts and circumstances, as petitioners appear to be part of mob only, let above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia/concerned Court, where the case is pending in connection with K. Nagar (Sri Nagar) P.S. Case No. 493 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) kiran/- U T