Nishabuddin @ Nishabuddin Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16507 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.
NISHABUDDIN @ NISHABUDDIN SHAH, S/O KARIMAN SHAH R/o village- Kora Khargi, P.S.- Parsauni, District- Sitamarhi 2.
Md. Imtiyaz @ Imtiyaz Miya @ Intiyaz Miya, S/o Shafi Mohammad @ Safi Mohammad Raen R/o village- Kora Khargi, P.S.- Parsauni, DistrictSitamarhi 3.
Ashok Sah @ Md. Ashique, S/o Akbar Shah R/o village- Kora Khargi, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Shamimul Hoda For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Shamimul Hoda, learned counsel for the petitioners and Mr. Bharat Bhushan, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Parsauni P. S. Case No. 6 of 2020, dated 01.02.2020, instituted for the offences under Sections 147, 447, 427, 353, 295A, 297 and 504 of the Indian Penal Code.
As against the petitioners, there is a general
Patna High Court CR. MISC. No.16507 of 2021(2) dt.07-01-2022 2/3 and omnibus allegation of misbehaving with the crowd which had gathered in front of a mosque while taking an idol for immersion.
The learned counsel for the petitioners has submitted that they were not present at the place of occurrence and have been made accused at the instance of local villagers who have definite axe to grind against them.
Nobody appears to have been injured in the occurrence and members of a particular community have been made accused in this case by the local Inspector of Police, who is the informant of the case.
Considering the general nature of accusation against the petitioners and their identification being doubtful, they, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.16507 of 2021(2) dt.07-01-2022 3/3 each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Parsauni P. S. Case No. 6 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
This petition stands allowed.
(Ashutosh Kumar, J) skm/- U T