Allowed

Md. Asif @ Md. Asique @ Asique v. the State of Bihar

Patna HC25 Jul 2022CR. MISC./4307/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, who was apprehending arrest for rioting and promoting enmity under various sections of the IPC, following the bail of similarly situated co-accused.

What did the court decide?

Petitioner enlarged on bail upon surrender within six weeks by furnishing a bond of Rs.25,000/- with two sureties of like amount each subject to conditions under Section 438(2) Cr.P.C.

Md. Asif @ Md. Asique @ Asique Vs the State of Bihar — Caste Atrocities | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4307 of 2022

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Arising Out of PS. Case No.-815 Year-2019 Thana- JAHANABAD District- Jehanabad

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======================================================

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Md. Asif @ Md. Asique @ Asique Son Of - Afzal Hussain Resident Of Mohalla - Gareria Khand, P.S. And Distt. - Jehanabad.

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... ... Petitioner/s

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jogendra Kumar For the Opposite Party/s : Mr.Umanath Mishra ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 25-07-2022

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 153, 153A, 147, 149, 333, 353 of the Indian Penal Code.

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Allegedly, 32 named and near about 200 unknown people gathered near Imambara and started raising slogans of provocation with intent to cause riot for promoting enmity between two community.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

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Patna High Court CR. MISC. No.4307 of 2022(2) dt.25-07-2022 2/2

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implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the similarly situated co-accused has already been granted bail by a Bench of this Court on 24.12.2021 passed in Cr. Misc. No. 8704 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case and the fact that similarly situated co-accused has already been granted bail, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jehanabad P.S. Case No. 815 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/- U T

Md. Asif @ Md. Asique @ Asique v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Asif @ Md. Asique @ Asique v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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