Md. Faiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79460 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Md. Faiz Son Of Md. Idrish Resident Of Village- Barhi, Ps- Keoti, DisttDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 153, 160, 296, 323, 337, 338, 341, 342, 353, 504 of the Indian Penal Code.

3. Allegation against the petitioner is that during the procession of Tazia, he was part of unlawful assembly, spread communal violence and caused disruption in government function.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that no one sustained any injury and the entire Tajia have been peacefully

Patna High Court CR. MISC. No.79460 of 2023(2) dt.14-12-2023 2/2 disposed off. He submits that all the Sections of the penal code is bailable except Section 353 IPC and there is no allegation or statement regarding hindrance created in discharge of official duty of the informant. He submits that the similarly situated coaccused has already been granted bail by this Court vide order dated 01.12.2023 passed in Cr. Misc. No. 72664 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Keoti P.S. Case No. 212 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T