Kamarul Hoda @ Kamarul Hoda Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7851 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Kamarul Hoda @ Kamarul Hoda Ansari, son of Hasim Ansari, Resident of Village- Mugalpura, Police StationChainpur, District- Kaimur (Bhabua).
2. Akaram Khan, son of Akhlakh Khan, resident of Village + Police Station- Chainpur, District- Kaimur (Bhabua).
3. Kaiser Khan, Son of Farid Khan, resident of VillageKasawan, Police Station- Chainpur, District- Kaimur (Bhabua).
4. Naina Salmani, son of Mukhtar Salmani, resident of Village + Police Station- Chainpur, District- Kaimur (Bhabua).
5. Bilal Khan, Son of Mustafa Khan, resident of VillageKasawan Muhalla, Police Station- Chainpur, DistrictKaimur (Bhabua).
6. Tiger Khan @ Javed Khan, son of Musa Khan, resident of Village- Kasawan Muhalla, Police Station- Chainpur, District- Kaimur (Bhabua).
7. Taju Mir @ Tajur Mir, son of Kallu Mir, resident of Village + Police Station- Chainpur, District- Kaimur (Bhabua). .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajesh Kumar Pathak For the Opposite Party : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chainpur Police Station Case No. 203 of 2015, disclosing offences under Sections 147, 149, 153A, 295A,
Patna High Court Cr.Misc. No.7851 of 2016 (2) dt.01-04-2016 2/3 296, 298 and 353 of the Indian Penal Code.
There are 25 persons named and 500 other persons not named in the First Information Report, who are said to have committed the offence, including these petitioners, who are named in the First Information Report. The allegation against the petitioners is that they were leading a procession on the occasion of Durga Puja festival without having a license from the authorities. It is also alleged against them that these petitioners were indulged in eve-teasing.
Learned Counsel for the petitioners has submitted that the allegations are general and omnibus. He further submits that as a matter of fact, the said procession was peaceful, where the petitioners had been participating. Considering the nature of accusation and the dispute, this application is allowed.
Let the petitioners, namely, Kamarul Hoda @ Kamarul Hoda Ansari, Akaram Khan, Kaisar Khan, Naina Salmani, Bilal Khan, Tiger Khan @ Javed Khan and Taju Mir @ Tajur Mir, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Assistant Chief Judicial Magistrate, Bhabhua, in
Patna High Court Cr.Misc. No.7851 of 2016 (2) dt.01-04-2016 3/3 connection with Chainpur Police Station Case No. 203 of 2015, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √