Niyaz Ahmad And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.22815 of 2015 (2) dt.09-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22815 of 2015 Arising Out of PS.Case No. -394 Year- 2014 Thana -BARHARIA District- SIWAN ======================================================
1. Niyaz Ahmad Son of Ali Ahmad
2. Abdullah, son of Abdul Rashid Mian
3. Nabi Rasool @ Nabi Rasoon Mian, son of Late Rubbedin Mian
4. Alam Sharif @ Plam Sharif, son of Late Noor Hassan Mian
5. Md. Jaan Ali, Son of Babujan Mian
6. Md. Tashrif @ Md. Tashrif Mian, Son of Late Rabbedin Mian
7. Naushad Ali, son of Alam Sharif
8. Shahzad Ali @ Sonu, Son of Nabi Rasool,
9. Qamrul Haque @ Amrul Haque @ Amrul Ali, Son of Shamsul Haque @ Sagir Mian
10. Ibrahim Mian @ Ibrahim Ali, Son of Kishmat Ali
11. Bhola Ali, Son of Md. Raju Ali @ Hasan Raja Ali
12. Ashfaque Ali @ Ashfaque Mian, Son of Tashrif Mian
13. Mainul Haque @ Nayeemul Haque Son of Qamrul Haque All resident of village- Chain Chapra, P.S. Barharia, District- Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. M. Nematullah For the Opposite Party/s Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Barharia P. S. case no. 394/2014 registered under section 307 and other allied sections of the Indian Penal Code. Petitioners are named in the first information report with accusation that they made attempt to disturb communal harmony of two communities.
Patna High Court Cr.Misc. No.22815 of 2015 (2) dt.09-07-2015 Although it is submitted that after the alleged occurrence meeting of peace committee was conveyed and members of both communities attended the aforesaid meeting and resolved their dispute with happy note of compromise. To fortify the above stated contention my attention is drawn towards annexure 2 to this petition.
Although it appears that some persons sustained injuries in the alleged occurrence and the aforesaid persons did not attend the meeting of peace committee but it is apparent from perusal of annexure 2 that informant as well as some persons of his community attended the said meeting. No doubt, petitioners are named in the first information report but with an intent to maintain peace and harmony in the society and taking note of proceeding of peace committee, I think it proper to extend the privilege of anticipatory bail to the petitioners.
Accordingly, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Barharia P. S. case no. 394/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T