Shakil Ahmad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19008 of 2016 Arising Out of PS.Case No. -220 Year- 2015 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shakil Ahmad son of Late Shabir Ahmad

2. Irshad Ahmad son of Ekram Ansari

3. Md. Momtaj Ali son of Late Sk Shaukat

4. Nadir Hussain son of Late Md. Majeed .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 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, 149, 341, 323, 324, 307, 353, 504 and 379 of the Indian Penal Code.

Prosecution case is that the informant being SHO of Lauriya police station during patrolling on 19.11.2015 after receiving information that on Lauriya Ramnagar main road a bus crushed two people, reached to the place of occurrence when he

Patna High Court Cr.Misc. No.19008 of 2016 (3) dt.05-05-2016 2/3 found that 300 people while making protest armed with knife assaulted a constable Mahesh Pal and snatched four live cartridges from his magzine. The mob also damaged the government vehicle.

It is submitted by learned counsel for the petitioners that accusation is against the mob and the police in order to save its own inaction lodged the present case. Though, Lauriya P.S. Case No.221/2015 has also been instituted against the bus driver wherein petitioner no.1 Shakil Ahmad is a witness. Considering the accusation against the mob, 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 learned 1st ACJM, Bettiah, West Champaran, in connection with Lauriya P.S. Case No.220/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the

Patna High Court Cr.Misc. No.19008 of 2016 (3) dt.05-05-2016 3/3 petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Ashwini/- U T