Afroj Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5003 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== AFROJ MIAN, Son of Hakim Miyan Resident of Village- Dhoomnagar Purwari Tola, P.S.- Nautan, Distt- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra- Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard Mr. Anant Kumar Mishra, the learned Advocate for the petitioner and Md. Aslam Ansari, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Nautan P. S. Case No.256 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 342, 332, 333, 307, 353, 504, 506 of the Indian Penal Code. It appears from the F.I.R. which has been lodged by the local police officer that while he was on patrolling duty, he learnt that some persons has been detained and kept captive and there is a possibility of his being lynched. He reached the place of occurrence only to find that one Rakesh Kumar was surrounded by the villagers in big numbers. Somehow or the other, the informant could manage to take away aforesaid

Patna High Court CR. MISC. No.5003 of 2021(2) dt.06-08-2021 2/3 Rakesh Kumar from the captivity of the villagers but in the meantime, many persons assembled and started clashing with the police party. In that light, the informant was hurt. About 24 named and approximately 176 unnamed persons have been made accused in this case.

So far as the petitioner is concerned, he is one of the named accused persons of this case but there is no specific accusation against him.

It appears that the implication of the petitioner in this case is only on the basis of his name having been provided by some persons to the police party but without there being any basis for the same.

The petitioner denies of having participated in the occurrence.

The informant has received simple injuries.

Regard being had to the all the above facts, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in

Patna High Court CR. MISC. No.5003 of 2021(2) dt.06-08-2021 3/3 connection with Nautan P. S. Case No.256 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T