Md. Rajabullah @ Md. Rajaullah @ Md. Raja Bullah @ Rejaullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56152 of 2024 Arising Out of PS. Case No.-24 Year-2019 Thana- RAIYAM District- Darbhanga ====================================================== Md. Rajabullah @ Md. Rajaullah @ Md. Raja Bullah @ Rejaullah Son of Ataur Rahman @ Atikur Rahman, Village- Sarjapur P.S.- Kewti DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the State :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2024 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Raiyam P.S. Case No. 24 of 2019 dated 13.06.2019 registered for the offences punishable under Sections 147, 149, 341, 323, 353, 504 and 506 of the Indian Penal Code & Section 80 of the J.J. Act, 2015.

3. Learned counsel appearing for the petitioner submits that altogether nine persons including the petitioner have been named in the FIR but there is no specific allegation against the petitioner and he is said to be only a member of the mob. It is further submitted that the petitioner was not present at the place of occurrence at the time of the commission of the alleged occurrence and due to political rivalry in the village, the name

Patna High Court CR. MISC. No.56152 of 2024(2) dt.03-09-2024 2/2 of this petitioner is added in the FIR as the last accused. Learned counsel further submits that the petitioner has got no criminal antecedent.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5.

Having considered the submissions noted hereinabove and the nature of allegation appearing against the petitioner and mainly the facts that altogether nine persons have been named in the FIR and there is no specific allegation against the petitioner and he has got no criminal antecedent, in my opinion, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Raiyam P.S. Case No. 24 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) maynaz/- U T