Md. Azim @ Azim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.468 of 2018 Arising Out of PS.Case No. -307 Year- 2017 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Azim @ Azim, S/o- Late Fazilat, resident of Village- Bhebhera, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Sri Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Jokihat P.S. Case No. 307 of 2017 registered for the offence punishable under Sections 144, 188, 283, 290, 447, 323, 353, 153(A)/(B), 295(A), 307, 427, 504, 120(B) of the Indian Penal Code.

The allegation is against 17 persons named in the FIR and 200-300 unknown persons. FIR was registered on the basis of written statement of informant. On 01.10.2017 informant was posted as an Executive Magistrate in the campus of Karbala Maidan he received information that in the Jokihat Moharram Procession was coming from several villages and during

Patna High Court Cr.Misc. No.468 of 2018 (2) dt.18-01-2018 2/2 procession some antisocial elements started nuisance near Shiv Mandir. He reached the spot and came to know that antisocial elements forcibly entered in the campus of Mandir and damaged the hut of the Pujari.

Learned counsel for the petitioner submitted that the petitioner is quite innocent and has been falsely implicated in this case. It has been further submitted that occurrence took place on 01.10.2017 but FIR was registered on the next day i.e. 02.10.2017 and petitioner was a shopkeeper near the place of occurrence and informant and other officials know him by name, so his name was registered in the FIR. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 15.10.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 307 of 2017. (S. Kumar, J) veena/- U T