Md. Raja Hussain And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3965 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Raja Hussain, son of Noor Hoda Ansari,
2. Khurshid Alam, Son of Rokhtar Mian,
3. Sarfaraz, Son of Makbul Alam,
4. Izhar, Son of Muzbullah,
5. Mahmood Mian @ Md. Mian, Son of Niyamat Mian,
6. Sekh Majamil @ Md. Mojil, Son of Sekh Ishrail, All resident of villageAmir Khan Tola, P.S. Sugauli, District-East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Sugauli P.S. Case No. 218 of 2016, registered under Sections 147, 148, 149, 323, 307, 353, 188, 295(A), 504 and 506 of the Indian Penal Code and 3/4 of the Explosive Substance Act. The accusation is that in spite of curfew on the occasion of Dashara festival, 500 persons, including 31 named in the F.I.R. came and started to create disturbances and also stated nuisance with the Police personnel. At that time, 31 persons, named in the F.I.R. including the petitioners, were apprehended.
Patna High Court Cr.Misc. No.3965 of 2017 (2) dt.27-02-2017 2/2 Learned counsel for the petitioners submits that petitioners are resident of P.O village and they have falsely been implicated in this case mere on suspicion. Moreover, the petitioners have no criminal antecedent are in custody since 16.11.2016. Further submission is that similarly situated coaccused Tunna Ansari, Bablu Mian, lal Babu Ansari and Harun Ansari have already been granted privilege of bail by a coordinate Bench of this Court vide order dated 08.02.2017 passed in Criminal Misc. No. 5469 of 2017.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 218 of 2016. (Rajendra Kumar Mishra, J) manish/- U T