Md. Taiyab Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32007 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Md. Taiyab Hussain, S/o Md. Shamim Ansari, R/o Mohalla- Alinagar Tekari, P.S.- Town, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2018 Heard the parties.
The petitioner seeks regular bail in connection with Town P.S. Case No. 95 of 2018 for the offences punishable under Section(s) 147, 148, 149, 337, 323, 324, 435, 436, 427, 307, 332, 333, 353, 360, 295A, 188, 120B of IPC and 27 of Arms Act.
The prosecution case, as lodged by the police and administrative officials, is that while Ramnavmi procession was crossing the Muslim mohalla, there was some communal disharmony between the two communities on account of which there was brick-batting, firing and some people set fire and police had to resort to tear gas. As many as 89 persons have been named in the First Information Report and there were 100 unknown.
It has been submitted by the learned counsel for the petitioners that they are innocent, general and omnibus allegations have been leveled against them and there was a mob attack and individually no injury or alleged
Patna High Court Cr.Misc. No.32007 of 2018 (2) dt.24-05-2018 2/2 occurrence can be attributed. It is further submitted that some of the coaccused have been granted privilege of bail by coordinate Benches of this Court, one of them being Cr.Misc. No. 25875 of 2018 vide order dated 01.05.2018.
However, learned APP for the State opposes the prayer for bail. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Town P.S. Case No. 95 of 2018. (Mohit Kumar Shah, J) Sanjeev/- U T