Md. Kuddush v. The State Of Bihar

Patna High Court Cr.Misc. No.57839 of 2015 (2) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57839 of 2015 Arising Out of PS.Case No. -334 Year- 2013 Thana -MADHEPURA District- MADHEPURA ====================================================== Md. Kuddush Son of Md. Idrish Resident of Madhepura, Near Bijli Office (Power Grid), Police Station & District - Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Uday Chand Prasad, Advocate For the Opposite Party : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Madhepura P.S. Case No. 334 of 2013 for the offences instituted under Sections 147, 148, 149, 341, 431, 323, 307, 435, 427, 504 and 353 of the IPC.

The prosecution story, in brief, is that an occurrence took place by mob of 100/125 persons alleging set on fire into the pick-up van 207 bearing registration no.BR-43A/351 because two persons were crushed by said pick-up van when the local police arrived at the place of occurrence to pacify the matter then the mob also set on fire into the Gypsy of Deputy Superintendent of Police.

Patna High Court Cr.Misc. No.57839 of 2015 (2) dt.10-03-2016 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. There is no specific allegation against the petitioner nor any specific overt-act has been alleged against him. General and omnibus allegation has been made against him.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Madhepura P.S. Case No. 334 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T