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Patna High CourtCR. MISC./63455/2022allowed

Mahtab @ Mahtab Alam v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63455 of 2022 Arising Out of PS. Case No.-514 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MAHTAB @ MAHTAB ALAM S/O ABDUL HAFIZ Resident of VillageHanumangarhi, P.S.- Town Motihari, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Motihari Town P.S. Case No. 514/22, dated 19.07.2022, instituted for the offences under Sections 147, 148, 149, 332, 333, 186 and 353 of the I.P.C.

3. Learned APP for the State opposes the prayer for grant of bail.

4. Looking into the nature of the general allegation with regard to some quarrel which had taken place, where the Police also reached and some scuffle took place, I am inclined to grant Anticipatory Bail to the petitioner namely Mahtab @ Mahtab Alam and in the event of arrest, he shall be released on

Patna High Court CR. MISC. No.63455 of 2022(2) dt.24-04-2023 2/3 bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present

Patna High Court CR. MISC. No.63455 of 2022(2) dt.24-04-2023 3/3 during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 77 U