Md Mumtaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64509 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- SIGAUDI District- Patna ====================================================== Md Mumtaj Alam S/O Md. Asgar Alam R/O Sigori, Paliganj, P.S- Sigori, District- Patna- 801110 ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammad Minnatullah, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Sigori P.S Case No. 51/2021 registered for the offences punishable under Sections 147, 149, 151, 152, 186, 188, 323, 333, 337, 338, 379, 427, 436, 353, 307 and 504 of the Indian Penal Code & 27 of the Arms Act.
The allegation against this petitioner is to deter police
Patna High Court CR. MISC. No.64509 of 2022(2) dt.22-05-2023 2/3 personnel while discharging their official duties as to lodge his protest along with other co-accused persons against detention of an accused in connection with Sigori P.S. Case No. 50/2021. Learned counsel appearing on behalf of the petitioner submitted that the allegation against this petitioner is very much general and omnibus and maximum allegation is only to be part of mob. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, similarly situated co-accused person, namely, Md. Imteyaz has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 32873 of 2022 vide order dated 31.08.2022.
Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of allegation, which appears very much general and omnibus against this petitioner, accordingly, the above named petitioner, in the event of his arrest or surrender before the Court below within a period of four weeks of this order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Danapur, Patna/concerned Court,
Patna High Court CR. MISC. No.64509 of 2022(2) dt.22-05-2023 3/3 where the case is pending in connection with Sigori P.S. Case No. 51/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T