Md. Isrile @ Md. Izrile v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68017 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Md. Isrile @ Md. Izrile Son of Kalim Resident of Village-Simraha,P.S. Simraha,Distt.-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 332, 337, 307, 353, 427 and 120B/34 of the Indian Penal Code.
The prosecution case as per the self statement of M.A. Haidari, Station House Officer of Simraha O.P. Police Station dated 23.04.2018 is to the effect that on the same day at 10.30 A.M., while the informant was discharging his official duty , in the meantime, all the accused persons including the petitioner along with 100-150 unknown persons came, and began abusing and demanded the arrest of accused of Simraha P.S. Case No. 284 of 2018. On protest being made by the police, co-accused
Patna High Court Cr.Misc. No.68017 of 2018(3) dt.17-12-2018 2/3 Pramod Yadav and the petitioner, Md. Izrile entered into the premises of the police station and started throwing the official papers and it is further alleged that they were instigating other accused persons. Some of the co-accused persons started brick batting and pelted stones and when Forbesganj police reached on the spot the accused persons escaped from the scene. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the mob and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that for the occurrence of 23.04.2018, the FIR was registered on 25.04.2018.
Learned APP submits that the petitioner is named in the First Information Report.
Considering the accusation against the mob coupled statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.68017 of 2018(3) dt.17-12-2018 3/3 Araria in connection with Forbesganj (Simraha) P.S. Case No. 288 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T