Md. Shahnawaz @ Sallu Khan @ Md. Shahnwaj Rehman @ Shahnwaj Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76388 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MD. SHAHNAWAZ @ SALLU KHAN @ MD. SHAHNWAJ REHMAN @ SHAHNWAJ RAHMAN Son of Motiurrahman Resident of Pathan Toli, P.S.- Aurangabad (Town), District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307, 147, 148, 149, 337, 323, 435, 436, 427, 332, 333, 353, 153(A), 295(A), 379, 122 of the Indian Penal Code.

Prosecution case is that on 26.03.2019 a Ramnavmi procession was organized and when the procession came near Khatta-mitha restaurant, petitioner and some people of Muslim community started throwing stones on the procession, some persons set fire in some shops. As a result, riot started. Learned counsel for the petitioner submits that petitioner is innocent, not named in the F.I.R. and has been

Patna High Court CR. MISC. No.76388 of 2019(2) dt.27-11-2019 2/2 falsely implicated in the present case. He submits that similarly situated co-accused have been granted anticipatory bail by coordinate Bench of this Court in Cr. Misc. No. 36018 of 2018 and Cr. Misc. No. 38650 of 2019.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released 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 the learned C.J.M., Aurangabad in connection with Aurangabad (Town) Police Station Case No. 99 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T