Md. Fiaz @ Faiz Abdul Arfin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60095 of 2017 Arising Out of PS.Case No. -221 Year- 2017 Thana -AKBARPUR District- NAWADA ====================================================== Md. Fiaz @ Faiz Abdul Arfin Son of Jainulaudin @ Jainul Aabdin Resident of Akbarpur (Balia Bujurg), P.S. Akbarpur, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147. 149, 341, 337, 295, 295(A) and 153(A) of the Indian Penal Code.

The prosecution case is that during Tajiya festival, stones were pelted, resulting into counter pelting of stones between Hindu and Muslim community leading to registration of the present case against nine named and 10-15 unknown. The petitioner is named in the FIR.

It is submitted by learned counsel for the petitioner that one day prior to the registration of the present

Patna High Court Cr.Misc. No.60095 of 2017 (2) dt.12-12-2017 2/2 case, Akbarpur P.S. Case No. 217 of 2017 was registered against persons from Hindu community, when they assaulted local A.S.I. The accusation is omnibus and general. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the accusation against the mob and petitioner having no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada in connection with Akbarpur P.S. Case No. 221 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T