Aquib Khan @ Atiq Khan @ Aquib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81279 of 2024 Arising Out of PS. Case No.-532 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Aquib Khan @ Atiq Khan @ Aquib S/O Kalo Khan Resident Of MohallaSamanpura, P.S- Shastri Nagar, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md Ataul Haque, Adv.

For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shashtri Nagar P.S. Case no. 532 of 2024 instituted for the offence under Sections 121, 122, 115(2), 352 and 196 of B.N.S. Act.

3. The case of the prosecution is that on the occasion of Muharram, during procession, one fridge was damage due to lathi blow. It is also alleged that the mob has assaulted Ashutosh Kumar Gupta. This petitioner was identified through CCTV footage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.81279 of 2024(2) dt.05-12-2024 2/2 committed no offence. He has falsely been implicated in this case. From perusal of the FIR, it is not clear as to who has identified the petitioner, only allegation is that of damaging the fridge and general allegation is that of assault of one Ashutosh Kumar Gupta. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shashtri Nagar P.S. Case no. 532 of 2024, he will be enlarged 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 learned A.C.J.M., IX, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Suruchi/- U T