Single judge order granting anticipatory bail to the petitioner in a case related to obstruction, assault and criminal conspiracy, citing parity with a co-accused already granted bail by the same court. Bail directed on furnishing bonds of Rs. 10,000 with two sureties.
Granted anticipatory bail on surety of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32536 of 2017
Arising Out of PS.Case No. -354 Year- 2016 Thana -JAMUI District- JAMUI
====================================================== Md. Ashif son of late Mustaque, resident of village Paithan Chowk, P.S. and District Jamui.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The petitioner seeks anticipatory bail in connection with Jamui P.S. Case No. 354 of 2016, registered for the offence punishable under Sections 341, 323, 186, 353, 333, 307, 506 read with Section 34 of the Indian Penal Code.
The allegation as per the FIR is that the informant was on duty at HDFC Bank for maintaining law and order during demonetisation period. The informant is said to have asked some people to come in queue, however, they started abusing the informant and also assaulted him. The allegation of the informant is that the accused persons were trying to disrupt the line and when he tried to straighten the queue, the informant was abused and assaulted.
The learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.32536 of 2017 (2) dt.13-07-2017
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petitioner has got clean antecedent and has been falsely implicated in this case. It has been further stated that similarly situated coaccused person, namely, Md. Shahbaz Alam @ Bittu Mian has been granted anticipatory bail by this Court vide order dated 01.07.2017 passed in Cr. Misc.No. 22085 of 2017.
Having regard to the facts and circumstances of the case, particularly factum of the parity of the case of the petitioner to that of the co-accused, who has been granted anticipatory bail by this Court, I deem it fit and proper to grant anticipatory bail to the petitioner.
Accordingly, in the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No. 354 of 2016 subject to the conditions laid down under Section 438(2) Cr. P. C.
(Mohit Kumar Shah, J)
BTiwary/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in the maintenance of law and order dispute during demonetisation.
1 provisions across 1 enactments
Md. Ashif
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
