Akela Gilwan @ Md. Gilwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80291 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== 1.

Akela Gilwan @ Md. Gilwan Son of Late Jagen Mian, R/o Vill.- Dhruv Vilas, P.S.- Jankinagar, Dist.- Purnea.

2.

Md. Aavid Son of Md. Nizamuddin, R/o Vill.- Dhruv Vilas, P.S.- Jankinagar, Dist.- Purnea.

3.

Md. Jahid Son of Late Masraf, R/o Vill.- Dhruv Vilas, P.S.- Jankinagar, Dist.- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jankinagar P.S. Case No.260 of 2024 instituted under Sections 191(2), 191(3), 190, 223, 121(1), 121(2), 298, 299, 132, 197(1), 115(1), 224, 352, 351(2), 61(2), 324(3) of the B.N.S.

3. As per the prosecution case, on the alleged date of occurrence, the informant was deputed as Magistrate for proper maintenance of law and order at village Chakmaka on the occasion of Muharram. Meanwhile, about two thousand

Patna High Court CR. MISC. No.80291 of 2024(2) dt.04-12-2024 2/3 unknown persons from village Jorganj armed with deadly weapons moved towards the deputed police force with intention of disrupting the law and order. They are alleged to have vandalized and damaged the police vehicle, and attacked the police force who were deputed to maintain law and order, causing obstruction in government work. In the aforesaid incident, 25 people are identified and about 200-250 unknown people are alleged to have created the ruckus on the basis of video footage and intelligence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case on the basis of suspicion. He further submits that the allegation against the petitioners are general in nature. Learned counsel submits that no government property has been damaged and no incriminating article has been found. He further submits that petitioners were not present at the place of occurrence. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event

Patna High Court CR. MISC. No.80291 of 2024(2) dt.04-12-2024 3/3 of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Purnea in connection with Jankinagar P.S. Case No.260 of 2024, subject to the conditions laid down in Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T