Baba @ Istekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46310 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== BABA @ ISTEKHAR ALAM Son of Nanhe Khan @ Nanhak Khan Resident of Mohalla - Kalibag Near Chhoti Maszid, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard Learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Bettiah Town P.S. Case No. 717 of 2018 registered for the offences punishable under Sections 147, 148, 149, 188, 153(A), 153(B), 332, 333, 337, 338, 353, 307, 295A of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. There is general and omnibus allegation against 33 named persons and 400-500 unknown mob.

Learned APP for the State has opposed the prayer of anticipatory bail.

However, considering the facts and circumstances of the case that the petitioner is said to be the member of mob and no

Patna High Court CR. MISC. No.46310 of 2019(3) dt.26-09-2019 2/2 specific over-tact has been alleged against him as also some of the co-accused have been granted privilege of anticipatory bail, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Bettiah Town P.S. Case No. 717 of 2018 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T