Danish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8704 of 2021 Arising Out of PS. Case No.-815 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== DANISH KHAN Son of Shaukat Sipahi @ Sokar Sipahi @ Md. Soukat Ali Resident of Village - Gareriya Khand, Pinjranwan, P.S.- Jehanabad, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Learned counsel for the petitioner submits that in the first paragraph and prayer portion of the application, inadvertently "Jehanabad P.S. Case No. 185 of 2019" has wrongly mentioned in place of "Jehanabad P.S. Case No. 815 of 2019".

Accordingly, the first paragraph and prayer portion of the application is modified to the extent that "Jehanabad P.S. Case No. 185 of 2019" be read as "Jehanabad P.S. Case No.

Patna High Court CR. MISC. No.8704 of 2021(2) dt.24-12-2021 2/3 815 of 2019".

The petitioner is apprehending his arrest in a case registered under Sections 153, 153(A), 147, 149, 333 and 353 of the Indian Penal Code.

Allegedly, 32 named and near about 200 unknown people gathered near Imambara and started raising slogans of provocation with intent to cause riot for promoting enmity between two community.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Altogether 32 named persons along with 200 unknown persons have been made accused in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioners is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.8704 of 2021(2) dt.24-12-2021 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 815 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T