Rozee Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58000 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Rozee Mian ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,323,332,333,307,353 and 504 of the IPC. The prosecution case as per the self-statement of SI Om Prakash Chauhan, SHO of Majhauliya Police Station recorded on 15.6.2018 at 1.40 P.M. is to the effect that the informant was deputed to maintain law and order during last Namaj of Ramzan. While on duty, it was found that the road was blocked by parking motorcycles, when the informant along with other police personal started removing the motorcycles from road which resulted into scuffle and the accused persons caused injuries to the

Patna High Court Cr.Misc. No.58000 of 2018(2) dt.20-09-2018 2/3 police party.

It is submitted by learned counsel for the petitioner that the petitioner is not concerned with motorcycles parked on road, as no motorcycle registered in his name was found parked there. It is further submitted that other co-accused persons, namely, Sunil Kumar and Sanjeet Kumar @ Sanjeet Shah have been granted anticipatory bail by a Bench of this Court vide order dated 27.08.2018 passed in Cr. Misc. No. 49019 of 2018, as contained in Annexure-2. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the F.I.R.

Considering the accusation against the mob and the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.58000 of 2018(2) dt.20-09-2018 3/3 the learned CJM, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 238 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U