Patna High CourtCR. MISC./2550/2016bail granted

Md. Kallu @ Iftekhar And ORS. v. The State Of Bihar

2016-01-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2550 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -BUDDHACOLONY District- PATNA ======================================================

1. Md. Kallu @ Iftekhar son of Late Ummat Rasul

2. Md. Naushad Ali @ Naushad Ali, Son of Late Md. Jafar

3. Shahud Alam @ Md. Gulden @ Md. Saud Alam son of Md. Nabizur Khan All are resident of Mohalla- Dujra Ghat, P.S.- Budha Colony, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section147, 148, 149, 323, 353, 307, 153(A), 153, 504, 506, 337, 283 of the Indian Penal Code and under section 27 of the Arms Act.

The prosecution case is that at about 4 PM the police received information that a mob of 30-40 persons has assembled near the Dujra Imambara in connection with dispute regarding possession of land. When the police reached, the mob started pelting stones and resorted to fire on the police and thereby not only disturb the communal harmony but also prevented the police

Patna High Court Cr.Misc. No.2550 of 2016 (2) dt.18-01-2016 2/2 from discharging their official duties.

It is submitted by the learned counsel for the petitioners that accusation is against mob of 32 persons named in the FIR along with 70-80 unknown persons. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that the accusation is against the mob, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, learned JM, 1st class, Patna in connection with Budha Colony P.S. Case No. 151 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T