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Patna High CourtCR. MISC./70230/2024allowed

Md. Amir Suhail @ Babar Mallik v. The State Of Bihar

2024-10-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70230 of 2024 Arising Out of PS. Case No.-334 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Md. Amir Suhail @ Babar Mallik Son of Mohammad Habibul Rahman R/OMohalla- Baignabad, Police Station- Bihar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 337, 353, 307, 153(A), 171(C), 120(B) off the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, petitioner along with other accused persons are said to have pelted bricks and stone on the police vehicle and they also fired upon them.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the similarly situated co-accused persons have already been granted bail by the learned court below itself. He submits that there is no specific overt act against the petitioner. He submits that there is

Patna High Court CR. MISC. No.70230 of 2024(2) dt.21-10-2024 2/2 general and omnibus allegation levelled against the petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihar P.S. Case No. 334 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T