Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59668 of 2024 Arising Out of PS. Case No.-1087 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Md. Chand, S/o Md. Kabir R/o Village- Faridabad Mohalla, Ward No.11, P.S. and District- Madhepura 2.

Md. Ali Hasan S/o Md. Kabir R/o Village- Faridabad Mohalla, Ward No.11, P.S. and District- Madhepura 3.

Md. Ali Ahmad @ Md. Mulla @ Ali Ahmad S/o Md. Kabir R/o VillageFaridabad Mohalla, Ward No.11, P.S. and District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 341, 324, 323, 353, 332 and 333 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 26.10.2023, on receiving information, the informant along with the police force reached Purani Bazar Ward No.11, where they saw a group of people scuffling with

Patna High Court CR. MISC. No.59668 of 2024(2) dt.18-09-2024 2/3 each other and when informant approached to pacify the situation, the accused started pelting stones over the police force on account of which, some constables received injuries. Accordingly, the FIR was registered against named accused persons including the petitioners along with 110 unknown accused.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation is alleged against the petitioners rather allegation of pelting stones is general and omnibus in nature. It is also submitted that petitioners are the resident of nearby place, as such, they out of inquisitiveness came to the place of occurrence to see what was happening when they came to be implicated.

5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners and the fact that when petitioners are persons with clean antecedent, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released

Patna High Court CR. MISC. No.59668 of 2024(2) dt.18-09-2024 3/3 on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Madhepura in connection with Madhepura P. S. Case No.1087 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T