Haider Ali @ Haider v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85130 of 2019 Arising Out of PS. Case No.-836 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

HAIDER ALI @ HAIDER S/o Late Latif R/o village- Matiyari, Ward No.- 6, P.S.- Forbisganj, Distt- Araria 2.

Md. Jafar Alam @ Bablu S/o Late Kaiser R/o village- Jumman Chowk, Ward No.- 01, P.S.- Forbisganj, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 At the outset, it is submitted that the petitioner no. 2 has already been arrested, hence, the present petition qua the petitioner no. 2 has become infructuous.

Accordingly, the present petition qua the petitioner no. 2 stands dismissed.

Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Forbisganj P.S. Case No. 836 of 2019, registered for the offence punishable under Sections 147, 148, 149, 150, 151, 186, 332, 333, 427, 353 and 504 of the Indian Penal Code.

The allegation is regarding a mob of 46 FIR named accused persons along with several hundred people having

Patna High Court CR. MISC. No.85130 of 2019(2) dt.22-01-2020 2/3 accumulated at the office of the SDO, Forbesganj and had engaged in the destroying / vandalising the office on account of being agitated by non-receipt of the flood relief fund as also had indulged in assaulting the office staff whereafter police had arrived and controlled the situation.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the FIR named accused persons along with several other persons, however, no specific overt act has been alleged to have been committed by the petitioner herein.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that a general and omnibus allegation has been levelled as against the petitioner No. 1, I deem it fit and proper to admit the petitioner No. 1 to the privilege of anticipatory bail.

Accordingly, the petitioner No. 1 is directed to be enlarged on anticipatory bail, 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 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.85130 of 2019(2) dt.22-01-2020 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbisganj P.S. Case No. 836 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