Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64329 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== MD. AFROZ son of Md. Badre Alam Village- Kasba Ps- Mehsi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mrs. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Baruraj P.S. Case No. 32 of 2023 registered for the offences punishable under Sections 120B, 121, 121A, 153A, 153B of the Indian Penal Code and Sections 10 and 13 of the Unlawful Activities Prevention Act.

3. As per the prosecution case, the allegation against the petitioner is of hatching criminal conspiracy to disrupt communal harmony and also disrupt the sovereignty and territorial integrity of India.

4. Learned Senior Counsel for the petitioner submits

Patna High Court CR. MISC. No.64329 of 2023(7) dt.12-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is made accused in the present case merely on the basis of confessional statement of the apprehended co-accused. He further submits that during the investigation no material has come to show any overt act of the petitioner to link him with the banned organization or him being involved in any kind of conspiracy at all. He is not member of the banned organization. The petitioner has no criminal antecedent as mentioned in para3 of this application.

5. Learned APP for the State opposed the prayer of anticipatory bail and submitted that the allegation against the petitioner is of serious nature.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by

Patna High Court CR. MISC. No.64329 of 2023(7) dt.12-07-2024 3/3 this order, considering the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) anand/- U T