Daud Ali @ Daud Miya And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.15909 of 2015 (2) dt.17-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15909 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -KHAIRA District- SARAN ======================================================

1. Daud Ali @ Daud Miya Son of Kadir Miya

2. Slauddin @ Slauddin Ansari Son of Bhikhari Miya

3. Madasar Ali Son of Slauddin Ansari

4. Firoj Alam @ Firoj Ansari Son of Tajmool

5. Ajad Ali @ Ajad Miya Son of Akbar Miya

6. Bablu Kuraisi Son of Indrish Miya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.15969 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -KHAIRA District- SARAN ======================================================

1. Lal Babu Kuraisi, Son of Najib Kuraisi

2. Tara Kuraisi, son of Najib Kuraisi

3. Noorullah @ Nurul Alam, son of Ajaullah

4. Sharukh Khan @ Alam @ Sharukh Alam , son of Hasib Allah @ Netha Miya .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.15909 of 2015) For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate For the Opposite Party/s : Mr. Arvind Kr.Panday(App) (In Cr.Misc. No.15969 of 2015) For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148,

Patna High Court Cr.Misc. No.15909 of 2015 (2) dt.17-04-2015 149, 295A, 296, 323, 337 and 427 of the Indian Penal Code. It is alleged that during procession of Sarshwati Puja the anti social elements attacked the processionist and pelted stones.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. There is counter version of the occurrence also. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran (Chapara) in connection with Khaira (Nagara) P.S. Case No.9 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T