Haroon Rasheed @ Harun Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54385 of 2019 Arising Out of PS. Case No.-510 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== HAROON RASHEED @ HARUN RASHID Son of Late Md. Issa Resident of Mohalla - Khan Bahadur Road, Jehanabad, P.S.- Jehanabad, Distt - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jehanabad P.S. Case No. 510 of 2018 for the offence punishable under Sections 448, 427 and 420 of the Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act, 1984.

There is allegation against the persons, named in the First Information Report, that they were found engaged in getting the building of Kasturba Gandhi Vidyalaya, Jehanabad, demolished with J.C.B. machine illegally.

Learned counsel appearing on behalf of the petitioner has submitted that he is a practicing lawyer of Jehanabad Civil Court and he has been implicated because he was conducting case on behalf of land owner, Zafar Imam, who is also an accused. He has further submitted that, even as per the

Patna High Court CR. MISC. No.54385 of 2019(2) dt.30-08-2019 2/2 First Information Report, the petitioner was caught by the police along with others and taken to the police station, but the petitioner was not formally arrested. He submits that considering the nature of allegation, there cannot be any likelihood of the petitioner's fleeing away from course of investigation or trial.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Jehanabad, in Jehanabad P.S. Case No. 510 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T