Md Ashfaque @ Md Asfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44035 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- AMAUR District- Purnia ====================================================== 1.

MD ASHFAQUE @ MD ASFAQUE SON OF SOMAI @ SHAMSHUL R/O VILLAGE- SINGHIYA, P.S.- AMOUR, DISTRICT- PURNEA 2.

MD. NAIYAR ISLAM @ NAIYAR ISLAM SON OF NASIRUDDIN R/O VILLAGE- SINGHIYA, P.S.- AMOUR, DISTRICT- PURNEA 3.

MD. FAYEEM @ FAHIM ALAM SON OF KALIMUDDIN R/O VILLAGE- AMOUR, P.S.- AMOUR, DISTRICT- PURNEA 4.

MD. WASIM SAH @ WASIM SAH SON OF GAFFUR SAH R/O VILLAGE- AMOUR, P.S.- AMOUR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 332, 379, 353, 427 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that a mob gathered outside the police station and created ruckus and started destroying government documents and abused lady constable, further 33 accused were identified by the police and Chowkidar including the petitioners.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.44035 of 2022(2) dt.14-12-2022 2/2 petitioners have been falsely implicated in the present case, it is next submitted that allegations are general and omnibus in nature i.e. no specific allegation has been alleged against the petitioners assigning their role in the occurrence, it is next submitted that villagers got agitated as police was not performing its duty nor was making efforts for arresting the accused persons who killed one Mohammad Naiyar.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amour P.S. Case No. 182 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T