Patna High Court - Orders
Md. Sadique @ Md. Sarik @ Rahmat vs The State Of Bihar on 10 April, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27292 of 2024
Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai
======================================================
Md. Sadique @ Md. Sarik @ Rahmat S/o Md. Mohiuddin @ Md. Saheb R/o
Village- Chhoti Ballia Mirsikar Toli, P.S. Ballia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-04-20241. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Ballia P.S. Case No. 301/2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153A, 295A, 505B, 505C, 120(B) and 379 of the Indian Penal Code and Section 9 of Loud Speaker Act.
3. The allegation against the petitioner is to Patna High Court CR. MISC. No.27292 of 2024(2) dt.10-04-2024 2/3 disturb the law and order situation during the eve of Durga Puja immersion.
4. Learned counsel appearing on behalf of the petitioner submitted that during immersion of Goddess Durga idol, the petitioner gave a sign for destroying the flag of other community on which one person tore the flag of other community which led to tense the situation but on the intervention of the district level authorities, the matter was pacified. The learned counsel submits that the petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation is appearing general and omnibus in nature. It is further submitted that the petitioner will not abscond rather will co-operate in investigation.
5. Learned APP appearing on behalf of the State opposes the prayer for bail.
6. In view of aforesaid facts and circumstances Patna High Court CR. MISC. No.27292 of 2024(2) dt.10-04-2024 3/3 and also by taking note of fact as there is no overt act attributed against petitioner, rather he appears only a part of mob, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai/concerned Court, where the case is pending in connection with Ballia P.S. Case No. 301/2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) archana/-
U T