Md. Bablu @ Afaq v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61386 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Md. Bablu @ Afaq S/o Late Md. Muslim Resident of village- Sukhasan, PSSingheshwar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Barun Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 1 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 332, 333, 337, 338, 353, 431, 504, 506, 511, 109 of the Indian Penal Code.
3. The prosecution case, in short, is that owing to an accident, the mob was protesting and blocked the road. When the police-party tried to pacify the matter, the accused persons started abusing and assaulting the Informant as well as the police-party due to which they sustained injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.61386 of 2024(2) dt.23-08-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Although the petitioner is named in the F.I.R. but, there is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature and the specific allegation of instigating the mob is against coaccused Md. Ashik Alam @ Aasu. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has got no criminal antecedent.
5. Learned counsel for the petitioner further submits that the co-accused Md. Sarbar @ Md. Sarvar and Md. Tajuddin have been granted anticipatory bail by this Court vide order dated 28.06.2024 passed in Cr. Misc. No. 43683 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, 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.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.61386 of 2024(2) dt.23-08-2024 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Singheshwar P.S. Case No. 1 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T