Md. Hassan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60064 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- BARUN District- Aurangabad ====================================================== MD. HASSAN ALI Son of Md. Mazhar Alam @ Mazhar Ali Resident of Village-Jogya, P.S-Barun, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 126 of 2019, registered under Sections147, 148, 149, 341, 153, 153(a), 295(a), 379 of the Indian Penal Code.

The accusation is that 11 persons named in the F.I.R. including the petitioner and other unknown variously armed with weapons came at the shop of the informant, Amit Kumar, for the purpose to commit the loot. On seeing the petitioner and others, informant started to flee away from his shop. They

Patna High Court CR. MISC. No.60064 of 2019(3) dt.19-11-2019 2/3 damaged his shop and took away cash of Rs.1500/- from the cash box of his shop.

Learned counsel for the petitioner submits that, in fact, in between groups of Hindu community and Muslim community, slogan was being raised, regarding which, the present case has been lodged by the informant, Amit Kumar whereas another case, i.e., Barun P.S. Case No. 127 of 2019 has also been lodged by the Musilim community and Barun P.S. Case No. 129 of 2019 has been lodged by the Administration. Further submission is that while the petitioner is named in the F.I.R. but no specific overt act has been attributed against them. Learned counsel for the petitioner further submits that similarly co-accused have been granted the anticipatory bail by coordinate Bench of this Court in Cr. Misc. No. 64003 of 2019 on 18.10.2019.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case

Patna High Court CR. MISC. No.60064 of 2019(3) dt.19-11-2019 3/3 No. 126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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