IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7660 of 2008 SHAKIL AHMAD Versus THE STATE OF BIHAR ----------- 2. 06.5.2008 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Sections 147, 148,149, 337, 323, 427, 353, 307, 224, and 225 of the Indian Penal Code. The allegation is that the petitioner was leading a mob of nearly 500 persons which attacked the police party in order to rescue a criminal Naushad @ Nasiya and in the course of the same brick batting was made on the trecker on which the police party was traveling, as a result of which the front glass of trecker was damaged and the said criminal taking advantage of the situation fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated because at the relevant time he was the Mukhia of the Gram Panchayat. It is further submitted that after investigation the police found him innocent and did not submit charge sheet against him yet cognizance has been taken against him by the learned Chief Judicial Magistrate. On a consideration of the aforesaid facts and circumstances of the case, it does not appear to be a fit case for grant of anticipatory bail to the petitioner. The prayer for the same is accordingly rejected. However rejection of the anticipatory bail shall not prejudice the case of the petitioner if he surrenders in the Court and prays for bail. P. Kumar ( Ramesh Kumar Datta, J. ) - 2 -