Md Hafiz @ Mahbub @ Md Mahboob v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78779 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Md Hafiz @ Mahbub @ Md Mahboob Son of Md Jafir Resident of VillageSukhasan, P.S.- Singheshwar, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Singheshwar P.S. Case No. 01 of 2024, registered under Sections 147, 149, 341, 323, 307, 332, 333, 337, 338, 353, 431, 504, 506, 511 and 109 of the Indian Penal Code.

3. The prosecution case, in short, is that, owing to an accident, the mob was protesting and blocked the road. When the police-party tried to pacify the matter, the accused persons started abusing and assaulting the informant as well as the police-party due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that theere is no specific allegation attributed against the petitioner.

Patna High Court CR. MISC. No.78779 of 2024(2) dt.30-10-2024 2/2 The allegation levelled against the petitioner is general and omnibus in nature. The petitioner has got no concern with the alleged occurrence. It is further submitted that petitioner has been shown as a member of the mob. The petitioner has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is further submitted by learned APP for the State that there is specific allegation attributed against the petitioner of snatching the service pistol of the police and throwing bricks on them due to which they sustained injuries. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. Prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Rajorshi/- U T