Md. Samser v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53794 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Md. Samser S/O Md. Irfan R/O Village-Sukhasan, Ward No.11,P.S.- Singheshwar, Distt-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Singheshwar P.S. Case No. 01 of 2024, registered under Sections 147, 149, 341, 323, 307, 332, 333, 337, 338, 353, 431, 504, 506, 511 and 109 of the Indian Penal Code.

3. The prosecution case, in short, is that, owing to an accident, the mob was protesting and blocked the road. When the police tried to pacify the matter, the accused persons started abusing and assaulting the informant and police party, due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is

Patna High Court CR. MISC. No.53794 of 2024(2) dt.02-08-2024 2/2 general and omnibus allegation against the petitioner and no specific allegation of abuse and assaulting is levelled against the petitioner. The petitioner has got no concern with the alleged occurrence. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 37568 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Singheshwar P.S. Case No. 01 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T