Mohammad Tajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63536 of 2024 Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== MOHAMMAD TAJUDDIN S/O MD. MASLEHUDDIN R/o H-32/2 Haroon Nagar Near Bai Masjid, Phulwarisharif, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327, 427 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on the alleged date and time of occurrence, two groups were fighting as a result of which one person sustained injury and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that co-accused persons also got released an accused from police custody.

4. Learned counsel for the petitioner submits that petitioner has been made accused on the basis of confessional statement of co-accused. There is no allegation of assault

Patna High Court CR. MISC. No.63536 of 2024(2) dt.12-09-2024 2/2 against petitioner. Petitioner is Director of Luck Stone Build Tech Pvt. Ltd. and was engaged in construction work. Allegation against the petitioner is general and omnibus. He next submits that place of occurrence is near the work site of the aforesaid construction company of petitioner and he has been made accused only on the basis of CCTV footage.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XIV, Patna in connection with Phulwarisharif P. S. Case No. 862 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T