Md. Raza @ Md. Roshan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56509 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Raza @ Md. Roshan S/o Md. Tejul @ Md. Jayazuddin Shah Resident of Vill - Bhaluhipur, P.s. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 295, 295(A), 296, 427 of the I.P.C. & Sections 37/45 of Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and informant alleges that during a procession, members of the two communities started pelting stones against each other and on receiving the informant, police arrived but the mob pelted stones on police also.
4. The learned counsel submits that the petitioner has been falsely implicated in the instant case by the informant. It is
Patna High Court CR. MISC. No.56509 of 2024(2) dt.31-08-2024 2/3 also submitted that the allegations are general and omnibus in nature and he came to be implicated at the instance of local person but then it is submitted that the name of local person who disclosed the name of petitioner is not mentioned in the F.I.R., which casts an aspersion on the case of prosecution, when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, 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 bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara Town P.S. Case No.724/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that
Patna High Court CR. MISC. No.56509 of 2024(2) dt.31-08-2024 3/3 event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T