Md. Kasim Miya @ Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49187 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- GURUA District- Gaya ====================================================== Md. Kasim Miya @ Md. Kasim, Son of Late Sujawat Miya, Resident of Village- Sukul Khap, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Gurua P.S. Case No.227 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 332, 333, 337, 338, 307, 188, 427, 353, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner, as per First Information Report is that on 09.11.2018, procession of Goddess Laxmi was going on and when it reached near the house of one Dular Chand Yadav and Krishna Ravidas, petitioner along with other accused persons named in the FIR and some unknown person belonging to Muslim community came there and started pelting stones on the police party and others causing injury to the informant and police personnel.

Patna High Court CR. MISC. No.49187 of 2019(2) dt.07-08-2019 2/2 Learned counsel for the petitioner submits that the allegation levelled against the petitioner in the FIR is general and omnibus and injury caused to one Sona Lal is minor in nature. Learned counsel further submits that similarly situated named accused persons have been granted bail by this Court in Cr. Misc. No.33920 of 2019 vide order dated 23.05.2019. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the allegation in the FIR against the petitioner is general and omnibus and further similarly situated accused persons have been granted bail by this Court, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T