Mozaffar Khan @ Muzaffar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70248 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MOZAFFAR KHAN @ MUZAFFAR KHAN Son of Late Nazimuddin Khan Resident of Mohalla-Pathan Toli, P.S.-Aurangabad, District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Aurangabad Town P.S. Case No. 98 of 2018, registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 295A, 333, 353, 153A, 379 and 120B of the Indian Penal Code. The accusation is that petitioner, along with 67 persons named in the first information report, and some unknown tried to disrupt the communal harmony by pelting stones on Ramnavmi procession.
Submission is that while the name of the petitioner had come in the first information report, but, no specific overt act has been attributed against the petitioner. The petitioner has
Patna High Court CR. MISC. No.70248 of 2019(3) dt.04-02-2020 2/2 no criminal antecedent except two cases, as detailed in paragraph 3 of the petition regarding some occurrence, in which he has already been on the privilege of pre-arrest bail. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Aurangabad Town P.S. Case No. 98 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code and out of two bailors, one must either be parent or close relative of the petitioner.
(Rajendra Kumar Mishra, J) Shamshad/- U T