Md. Ebrar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51299 of 2016 Arising Out of PS.Case No. -188 Year- 2016 Thana -PIRO District- BHOJPUR ====================================================== Md. Ebrar Khan S/o late Ekbal Khan R/v -Piro, Ward No. -14, P.S. Piro, District- Bhojpur, Arrah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Piro P.S. Case No. 188 of 2016 for the offences instituted under Sections 147, 148, 149, 323, 341, 337, 338, 379, 504, 506, 427, 153(A), 295(A) and 307 of the Indian Penal Code. The allegation against the accused persons including the petitioner is of committing riot and looted the shop of the informant and other business man of majority of community. The informant and others were also assaulted by the petitioner and other co-accused.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.51299 of 2016 (2) dt.05-12-2016 2/2 of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. Altogether five persons are named in the F.I.R. The petitioner is not named in the F.I.R. The informant is the eyewitness to the alleged occurrence. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Piro P.S. Case No. 188 of 2016 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., Bhojpur at Arrah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T