Patna High CourtCR. MISC./6108/2017bail granted

Mojikal Rahman @ Mujibur Rahman And ANR v. The State Of Bihar

2017-03-07Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.6108 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6108 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mojikal Rahman @ Mujibur Rahman, S/o-Sk. Harun,

2. Md. Faiyaz, S/o- Nijamuddin @ Sheikh Najam, Both resident of VillageAmir Khan Tola, P.S.- Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramakant Yadav, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-03-2017 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 Section 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 started nuisance with the police personnel. At that time, 31 persons named in the F.I.R. including the petitioners were apprehended. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.6108 of 2017 (2) dt.07-03-2017 petitioners are resident of same Mohallah and they have falsely been implicated in this case mere on suspicion. Moreover, petitioners have no criminal antecedent and are in custody since 16.10.2016.

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) each 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. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T