Sharique @ Sharique Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63333 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== Sharique @ Sharique Raza S/O Izharul Haque Resident Of Village- Hathauri Tola, Mahual, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amir Alam, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2023 Heard Mr. Amir Alam, learned counsel appearing on behalf of the petitioner and Mr. Harendra Prasad, learned APP appearing on behalf of State.

2. The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 220 of 2022 registered under Sections 341, 323, 324, 307, 34/504 of the Indian Penal Code.

3. The prosecution story, in brief, is that during the Muharram period the rival group engaged in assaulting each other. The specific allegation of assault is on the head of the informant has been alleged against one co-accused Raju.

4. Learned counsel appearing on behalf of the petitioner informs this Court that as per the allegation made in the F.I.R., the petitioner was, at best, a member of mob. The specific allegation of assault on the head of the informant is against one co-accused Raju. Learned counsel further submitted

Patna High Court CR. MISC. No.63333 of 2022(2) dt.06-04-2023 2/2 that a Co-ordinate Bench of this Court for similar allegation has released one co-accused persons namely Shahnawaj and Md. Arfin Akhtar vide order dated 23.02.2023 passed in Cr. Misc. No. 63162 of 2022.

5. Learned APP has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case nature of allegation made against the petitioner I am of the opinion that petitioner has made out a case to be released on bail.

7. Let the above named petitioner is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 learned A.C.J.M-IX, Siwan in connection with Hussainganj P.S. Case No. 220 of 2022(G.R. No. 3411 of 2022), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) minu/manish U T