Amjad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47745 of 2023 Arising Out of PS. Case No.-54 Year-2020 Thana- RAGHUNATHPUR District- Siwan ====================================================== AMJAD ALI son of Mansoor Sai @ Mansoor Sah Village- Khujwa PsRaghunathpur Dist- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Raghunathpur P.S. Case No. 54 of 2020 registered for the offences punishable under Sections 188, 269, 270, 271, 323, 324, 332, 333, 353, 427 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

3. As per the prosecution story, the informant has alleged that on information when he reached at the quarantine Centre and tried to communicate and resolve the issue, all the accused persons started abusing and beating him and the public servants who were on duty with him.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and he is not

Patna High Court CR. MISC. No.47745 of 2023(2) dt.11-08-2023 2/3 named in the First Information Report as also the allegations are general and omnibus in nature.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the alleged occurrence took place in a quarantine centre during first phase of Covid-19, petitioner is not named in the F.I.R. and the allegations are general and omnibus in nature, he has otherwise no criminal antecedent, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Ms. Shristi Sinha, learned Judicial Magistrate - 1st Class, Siwan in connection with Raghunathpur P.S. Case No. 54 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. 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

Patna High Court CR. MISC. No.47745 of 2023(2) dt.11-08-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T