Md. Shafiullah @ Chaman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51251 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- JALE District- Darbhanga ====================================================== Md. Shafiullah @ Chaman S/o Hamiduzzoha R/o vill - Dewra Bandhauli, P.S. - Jalley, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv Mr. Rakesh Kumar Sharma, Adv For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Jalley P.S. Case No.104 of 2024, registered for the offence punishable under Sections 147, 148, 149, 224, 225, 332, 333, 323, 353, 354B, 504 of the Indian Penal Code. 3.

As per the FIR, four accused persons in connection with Jalley P.S. Case No.103 of 2024, were being interrogated at the police station. In the mean time, 150-200 persons forming unlawful assembly entered into the police station and started abusing, scuffling with female constable due to which they became injured. Thereafter, the mob took away all the four accused persons in connection with Jalley P.S. Case No.103 of 2024.

4.

It is submitted by learned Senior Counsel for the

Patna High Court CR. MISC. No.51251 of 2024(2) dt.04-09-2024 2/2 petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submitted that petitioner is only a member of mob and there is no specific overt act against him. Petitioner has no criminal antecedent. 5.

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

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

8.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T