Sarajul Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6262 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Sarajul Gaddi S/O MOHAN GADDI VILLAGE- SISWA SARAIYA, WARD NO. 13, PS. BAIRIYA, DIST. WEST CHAMPARAN. 2.

SHABBIR ALAM @ SHABIR GADDI S/O LATGE NASRULLAH GADDI @ NASHUARULAH MIAN VILLAGE- SISWA SARAIYA, WARD NO. 13, PS. BAIRIYA, DIST. WEST CHAMPARAN. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 353, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioners is that they have taken part in procession of Muharram without the permission of administration and it is also allegation against them that they have caused hindrance in the discharge of official duty of the police personnel and administration.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have

Patna High Court CR. MISC. No.6262 of 2024(2) dt.22-02-2024 2/2 been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the petitioners were not present at the alleged place of occurrence and this fact can easily be verified from the mobile tower location as well as the video recording made by the authorities during alleged occurrence. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bairiya P.S. Case No.231 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T