Sheikh Shamim @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14456 of 2018 Arising Out of PS.Case No. -66 Year- 2015 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Sheikh Shamim @ Shamim, S/o Late Sheikh Ulahi, R/o Siswa Churiharwa Tola, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and State. The petitioner apprehends his arrest in connection with Turkaulia (Banjaria) P.S. case no. 66 of 2015 for the offence under Sections 147, 149, 353, 332, 333, 323, 504, 325, 307, 188, 109, 120B, 427 of the Indian Penal Code and Section 3⁄4 of Damage to Public Property Act.

Learned counsel for the petitioner submits that on account of dispute over using Loudspeaker and DJ sound, scuffle took place between two groups, in which large number of persons including police sustained injury. Learned counsel submits that similarly circumstanced other co-accused have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 29.11.2017 passed in Cr. Misc. No. 53381 of 2017. He

Patna High Court Cr.Misc. No.14456 of 2018 (2) dt.06-04-2018 2/2 submits that the petitioner has no criminal antecedent and the case of the petitioner is similar to the case of co-accused, who have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 53381 of 2017.

On the ground of parity, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkaulia (Banjaria) P.S. case no. 66 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T