Md. Imran @ Imran Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25028 of 2016 Arising Out of PS.Case No. -296 Year- 2016 Thana -SIWAN CITY District- SIWAN ====================================================== Md. Imran @ Imran Miya S/o Samim Miya @ Salim Miya Resident of Shekhmuhalla, P.S. Town Siwan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2016 Permission is granted to the learned counsel for the petitioner to make necessary correction in the bail application. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Siwan Town P.S. Case No. 296 of 2016 G.R. No. 1402 of 2016 registered under Sections 147, 148, 149, 353, 307, 332, 333, 427, 153(A), 295 and 295A of the I.P.C.

The accusation is that the informant, being the Police Official, on 15.04.2016, was on duty to maintain the law and order on the occasion of Ramnawami. When the procession was crossed in front of the mosque, 80-90 persons came towards the mosque and asked to stop music the procession. Then they replied the procession has already crossed the mosque, on which they started to attack on the Police Force and created the obstruction in

Patna High Court Cr.Misc. No.25028 of 2016 (3) dt.03-08-2016 2/2 performing the official duty. Thereafter, they were chased by the Police Officials but they succeeded to flee away. The informant came to know that petitioner was one of them. Learned counsel appearing on behalf of the petitioner submits that petitioner is student and is engaged in preparation of competitive examination. He is a resident of Shekh Mohalla of Town Police Station, Siwan, whereas the place of occurrence is Mohalla- Nawalpur and the names of the petitioner and others have come in the F.I.R. without any overt act on the basis of information gathered by the informant. It is further submitted that petitioner has no criminal antecedent and is in custody since 19.04.2016.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in connection with Siwan Town P.S. Case No.296 of 2016, G.R. No. 1402 of 2016. Out of two sureties, one surety must be parents or close relatives of the petitioner. (Rajendra Kumar Mishra, J) Shail/- U T