Mehdi Alam @ Md. Mehdi Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45089 of 2025 Arising Out of PS. Case No.-303 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Mehdi Alam @ Md. Mehdi Alam S/O Md. Anwar @ Hafiz Anwar @ Hafij Anavar R/O Village- Lahan Dhaka, P.S- Dhaka. Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Zaki Haider, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Heard Mr. Zaki Haider, learned counsel for the petitioner as well as Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Dhaka P.S. Case No. 303 of 2024, F.I.R. dated 19.07.2024 for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 324(4), 326(g), 109, 132, 221, 121(1), 121(2) and 61(2) of the B.N.S. and Sections 3 and 4 of the Prevention of Damage of Public Property Act, 1984.
3. According to prosecution case, an information was received that four labourers died on account of suffocation in a toilet tank while working on a construction site. It is further alleged that due to the incident, the unlawful assembly grew aggressive and caused extensive damage to the hospital's ICU
2/4 ward and other rooms, overturned an ambulance in the hospital premises and set it on fire.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that although, the petitioner is named in the FIR, but from a bare perusal of the FIR, it appears that name of the petitioner has been transpired on the basis of the CCTV footage and there is no specific allegation of any assault or overt act against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. It is also submitted that for the same set of occurrence, two FIRs have been instituted one is Dhaka P.S. Case No. 302 of 2024 by the Deputy Superintendent, Sub-Divisional Hospital, Sikarhana, Dhaka and another is Dhaka P.S. Case No. 303 of 2024 ( the present FIR) by the B.D.O., Dhaka.
It is further submitted that the co-accused person namely, Shahjad @ Sazzad Akhtar has been granted privilege of anticipatory bail by this Court vide order dated 20.05.2025 passed in Cr. Misc. No. 23348 of 2025, coaccused persons namely Asmat @ Md. Ashmat @ Mohammad Ashamat Ansari and Firoj Ansari @ Firoj Hussain have been granted privilege of anticipatory bail by different co-ordinate Benches of this Hon'ble Court vide order dated 26.03.2025 passed in Cr. Misc No. 7798 of 2025 and order dated 13.05.
3/4 in Cr. Misc. No. 14116 of 2025 respectively.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances, there is no specific allegation against this petitioner, name of the petitioner has been transpired on the basis of CCTV footage and similarly situated co-accused persons have been granted privilege of anticipatory bail by this Court and other co-ordinate Benches of this Hon'ble Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana, Dhaka, East Champaran in connection with Dhaka P.S. Case No.
303 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i.
4/4 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/- U T