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Patna High CourtCR. MISC./60592/2018bail granted

Md. Mahbood @ Md. Makburla Alam @ Md. Mahboob Alam And ANR v. The State Of Bihar

2019-02-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60592 of 2018 Arising Out of PS. Case No.-39 Year-2017 Thana- JHANJHARPUR District- Madhubani ======================================================

1. Md. Mahbood @ Md. Makburla Alam @ Md. Mahboob Alam S/o Md. Ismail @ Ismail,

2. Md. Shakil Ahmad @ Md. Shakil S/o of Md. Ismail @ Ismail, All are R/o Vill.- Piperauliya, P.S.- Jhanjharpur Arariya Sangram, O.P., DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2019 Heard both sides.

The petitioners apprehend their arrest in Jhanjharpur (Araria Sangaram) P.S. case No. 39 of 2017 registered under Section 341, 323, 352 and some other Sections of the Indian Penal Code.

The informant named the petitioners and others and alleged that on account of motor accident they assembled at the place of occurrence and when the informant went there the accused persons run amok and damaged the police vehicle. The learned counsel for the petitioners submits that the Dy S.P. supervised the case and did not find the involvement of the petitioners. Similarly situated other accused persons have

Patna High Court Cr.Misc. No.60592 of 2018(6) dt.11-02-2019 2/2 already been granted anticipatory bail vide orders passed in Cr. Misc. No. 31055 of 2018 and 41005 of 2018.

Of course, it appears that it is a case of mob violence in which the members of mob assaulted the police and damaged the vehicle but since similarly situated other accused persons have been granted anticipatory bail, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged 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 Additional Chief Judicial MagistrateI, Jhanjharpur in connection with Jhanjharpur (Araria Sangaram) P.S. case No. 39 of 2017 , subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T