Hifzur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72849 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== HIFZUR RAHMAN Son of Late Mansoor Alam Resident of Village - Telpur, P.S.- Ramnagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ramnagar P.S. Case No. 60 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 379, 447 and 290 of the Indian Penal Code.

The allegation is regarding an accident having taken place on the highway whereupon the police is said to have arrived there, however, the villagers, who had assembled there, were infuriating on account of death of several persons in the said accident whereupon they had started obstructing the police force in carrying out their official duties and had also engaged in an altercation. The petitioner is stated to be one amongst those persons, who had assembled at the place of occurrence.

Patna High Court CR. MISC. No.72849 of 2019(2) dt.20-11-2019 2/2 The learned counsel for the petitioner submits that there is no specific allegation of any sort of overt act as against the petitioner, it is an incident arising out of mob fury on account of death of several persons in the accident which had taken place on the highway and the petitioner has been falsely implicated in the present case. There is no whisper of any injury having been caused on the persons of the police force. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory 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 Additional Chief Judicial Magistrate 3rd Bagha, DistrictWest Champaran in connection with Ramnagar P.S. Case No. 60 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T