Seraj Alam @ Seraj And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4494 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Seraj Alam @ Seraj S/o Md. Murtuza Mian
2. Md. Jahid S/o Wakil Mian Both Resident of Village- Amir 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. Sri Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The Petitioners seek bail in Sugauli P.S. Case No. 218 of 2016 instituted for the offences under Section(s) 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.
It is alleged that the petitioners were member of an unlawful assembly.
It is submitted that there is no specific overt act against the petitioners. The petitioners are in custody since 16.10.2016. From the written report it appears that there is general and omnibus allegation that about 500 persons after forming
Patna High Court Cr.Misc. No.4494 of 2017 (2) dt.14-02-2017 2/2 unlawful assembly created nuisance to disturb the communal harmony on the occasion of Dushera Pooja.
In the facts and circumstances of the case, let the Petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champran at Motihari in connection with Sugauli P.S. Case No. 218 of 2016 subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) Prakash/- U