Shami Ahmad @ Phool Babu @ Phool Babus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6458 of 2017 Arising Out of PS.Case No. -199 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Shami Ahmad @ Phool Babu @ Phool Babus Son of Abdul Kayum Resident of Village- Mehsaul Gote, Ward No. 5, P.S. Sitamarhi (Mehsaul O.P), District- Sitamarhi.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No.199 of 2016 registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 353, 337, 338, 427, 504 and 506 of the Indian Penal Code. Allegation in brief is that while police went to apprehend one of the accused in Sitamarhi (Darbhanga) P.P. Case No.23 of 2016 and 24 of 2016, the F.I.R. named accused persons along with 200-250 persons obstructed the police party in discharging their duties and also pelted stones so the accused could not be apprehended.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. but there is no
Patna High Court Cr.Misc. No.6458 of 2017 (3) dt.12-04-2017 2/2 specific overt act against this petitioner and all villagers have been made accused in this case and this petitioner in Sitamarhi (Darbhanga) P.P. Case No.23 of 2016 was granted anticipatory bail.
Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, namely, Shami Ahmad @ Phool Babu @ Phool Babus be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No.199 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arun Kumar, J) N.H./- U T