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Patna High CourtCR. MISC./3848/2019bail granted

Abdul Hassan @ Abdul Hassan Mian @ Abul Hasan And ANR v. The State Of Bihar.

2019-01-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3848 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- GAUNAHA District- West Champaran ======================================================

1. Abdul Hassan @ Abdul Hassan Mian @ Abul Hasan, son of Late Jainul Avedin resident of Village- Main Road, Gaunaha, In front of State Bank of India, Police Station- Gaunaha, District- West champaran at Bettiah.

2. Shahid Parvej @ Shahid Prawej @ Shahid Parwej, son of Abdul Hasan resident of Village- Main Road, Gaunaha, In front of State Bank of India, Police Station- Gaunaha, District- West champaran at Bettiah. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate Mr. Upadhyay Saurabh Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Gaunaha P.S. Case No. 47 of 2018 dated 17.05.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 337, 338, 307, 504, 153-A and 295-A of the Indian Penal Code.

From the narration made in the FIR, it appears that a scuffle took place when the petitioners and others were offering prayers and simultaneously from a house in neighbourhood, a Barat party was about to come out. On the issue of playing musical instruments on a loud volume, the occurrence is said to have taken place.

Patna High Court Cr.Misc. No.3848 of 2019(2) dt.25-01-2019 2/2 There is a counter version of the occurrence as well. Regard being had to the background facts and the general nature of accusation against the petitioners as well as their clean antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, West Champaran at Bettiah in connection with Gaunaha P.S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T