Abdul Barik @ Barik @ Harik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62683 of 2021 Arising Out of PS. Case No.-223 Year-2021 Thana- DHAKA District- East Champaran ====================================================== ABDUL BARIK @ BARIK @ HARIK S/O LATE Sk. HABIB @ HABIB. Resident of Village-Jamu, P.S.-Dhaka, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code, section 3 of the Epidemic Disease Act, section 51 of the Disaster Management Act and section 27 of the Arms Act.
As per the prosecution case, the thirty nine named accused persons including the petitioner herein as also 400 other unknown accused persons are said to have tried to outrage religious sentiment. It is further stated that Anisur Rahman struck the informant with the butt of his gun injuring him and thereafter he along with Amjad Alam assaulted Triveni Sah with an iron rod. A number of vehicles were damaged and ornaments worth Rs.4 lacs was looted.
Patna High Court CR. MISC. No.62683 of 2021(2) dt.12-04-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations against the petitioner are general and omnibus in nature. There is case and counter case between the parties. The petitioner is in custody since 28.8.2021 and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation against the petitioner, the petitioner not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Dhaka P.S. Case no.223 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikarahna at Dhaka, East Champaran.
(Partha Sarthy, J) Saurabh/- U T