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Judgment
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Sindri P.S. Case No. 92 of 2022, registered for the offences under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 337, 393, 448, 427, 506, 120B IPC and under Section 27 of the Arms Act and the case is pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.
Learned counsel appearing for the petitioner submits that allegations are made that 1500 people have assembled while armed with different weapons and proceeded to the house of Lakhi Singh with intention to commit his murder. It is alleged that when the police party interfered, members of the mob rushed to brick- batting due to which some members of the police party sustained injury.
Petitioner has three criminal antecedents of different nature. However, in the present case there are general and omnibus allegations against the petitioner.
It is submitted that three of the identical accused persons have been granted anticipatory bail vide ABA No.8954 of 2023, ABA No.516 of 2023 and ABA No.2211 of 2026.
Learned counsel appearing for the State has opposed the prayer and submits that petitioner was the member of the unlawful assembly.
Considering that allegations have been made that about 1500 people assembled and allegations of brick-batting are there against all the accused persons which are general and omnibus. It is further well-settled that criminal antecedent cannot be sole criteria of either rejecting or allowing the anticipatory bail application or regular bail application. Further, three of the co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court as aforesaid.
Accordingly, the above-named petitioner is directed to surrender before the learned Court within two weeks from the date of receipt of a copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad, in connection with Sindri P.S. Case No. 92 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.