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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5579 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SALLU @ SHAHNAWAZ KHAN @ MD. SHAHNWAJ RAHMAN Son of Motiurrahman Resident of Mohalla - Pathan Toli, P.S.- Town, Distt - Aurangabad.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhaskar Shankar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2019 Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the SC/ST (POA) Act against the refusal of prayer for anticipatory bail vide order dated 03.12.2019 passed in A.B.P. No. 1413/19 by the learned 1st Additional Sessions Judge cum Special Judge, Aurangabad, in connection with Town P.S. Case No. 294/2018 registered for the offence punishable under Sections 353/354/ 341/323/504/224/225/120(B)/147/148/149 of the Indian Penal Code and Section 3(1)(w)(1), 3(2)(va) of the SC/ST (Prevention of Atrocity) Act.

Learned counsel for the appellant submits that there is no specific allegation against the petitioner and only because he

Patna High Court CR. APP (SJ) No.5579 of 2019(2) dt.19-12-2019 2/2 is part of the crowd which had assembled at the place of occurrence, he has been named in the FIR. Learned counsel for the appellant submits that other co-accused persons have since been extended the privilege of bail vide Cr. Misc. (SJ) No. 806 of 2019 vide order dated 07.03.2019 by this Hon'ble Court. Considering the aforementioned facts and circumstance and the nature of allegation made against the petitioner and that no specific role has been attributed to him, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, Aurangabad, in connection with Town P.S. Case No. 294/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T