Sobrati Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79501 of 2019 Arising Out of PS. Case No.-383 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Sobrati Mian Son of Indu Mian, Resident of Village-Pipra Chanki, Police Station-Shikarpur, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 353, 307, 427, 504 and 342 of the Indian Penal Code. The prosecution case is that on 05.09.2019, while the informant along with police party were on patrolling duty, an information was received that two persons were being assaulted by a crowd of 500-600 people. When the police party reached at the place of occurrence and tried to pacify the matter, the crowd misbehaved with police party and damaged the police vehicle. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. and he has been made accused later on the basis of confessional statement of co-

Patna High Court CR. MISC. No.79501 of 2019(2) dt.14-02-2020 2/2 ccused Farman Ansari, in which he has disclosed the name of 39 persons including the petitioner. He submits that save and except the confessional statement of the co-accused, there is no other material against the petitioner. A statement has been made in para-3 of the petition that the petitioner is not having any criminal antecedent.

Considering the facts and circumstances of the case as well as the fact that petitioner's name has surfaced in the confessional statement of co-accused coupled with the statement made in paragraph-3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, in the event of his arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No.383 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) nawalkrs/- U T