Md. Modan @ Md. Mudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50613 of 2019 Arising Out of PS. Case No.-732 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== MD. MODAN @ MD. MUDIN Son of Late Ashraf Resident of VillageChoura Parwaha, Ward No.13, P.S.-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Forbesgainj P.S. Case No. 732 of 2014 registered for the offence punishable under Sections 147, 148, 149, 323, 379, 353, 224, 225, 504, 307, 120B and 414 of the Indian Penal Code.

The allegation against the accused persons including the petitioner is that when the police had raided the house of one Md. Iqubal, who is said to have been involved in a bank dacoity case and searched his house, the said Md. Iqubal and his father had raised alarm whereupon 100-150 people had gathered and had started assaulting and abusing the police personnel. The learned counsel for the petitioner submits that there is a general and omnibus allegation against the accused persons

Patna High Court CR. MISC. No.50613 of 2019(5) dt.16-11-2019 2/2 including the petitioner herein and no specific allegation of any sort of overt act has been levelled against the petitioner herein. The petitioner is stated to be having a fair antecedent, except one case in which he is on bail. Lastly, it is submitted that the other similarly situated co-accused persons have already been granted bail vide order dated 6.3.2019 passed in Criminal Miscellaneous No. 13655 of 2019, as also vide order dated 16.4.2019 passed in Criminal Miscellaneous No. 23697 of 2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 learned C.J.M. Araria in connection with Forbesganj P.S. Case No. 732 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.