Md. Ali @ Ali Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32778 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Md. Ali @ Ali Mohammad son of Kashim Mian
2. Zahir Mian son of Sultan Mian
3. Mojahir Mian son of Sultan Mian
4. Mansoor Mian son of Kudrat Mian
5. Ashgar Mian son of Hazarat Mian
6. Naushad Alam son of Rahmat Ali
7. Rehmat Mian son of Sher Mian
8. Jauhar Mian son of Sarajuddin Mian
9. Ladu Mian son of Abib Hussain
10. Barkat Ali son of Sarajuddin Mian
11. Gayasuddin Mian son of Late Daroga Mian
12. Kayamuddin Mian son of Gafar Mian
13. Asagar Mian son of Islam Mian
14. Saddam Hussain son of Salim Mian
15. Samsuddin Mian son of Hamid Mian
16. Rajul Mian son of Akbal Mian All resident of village - Lian Bazar, P.S. Mirganj, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48009 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Guddu Mian Son of Estehar Mian
2. Mansur Mian, Son of Wakil Mian
3. Sauhel Mian Son of Saheb Mian
4. Md. Sohrab Son of Manjur Imam
5. Qaishar Mian Son of Mohammad Mian
6. Aurangjeb Mian @ Auranjeb Son of Jakir Hussain
7. Kyamuddin Mian Son of Matwar Mian
8. Sajid Mian Son of Akhtar Mian All resident of Line, Bazar, P.S. - Mirganj, District - Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7008 of 2015
2/4 Arising Out of PS.Case No. -64 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Jahangir Alam @ Jahangir Miyan S/o Mijbul Miyan
2. Chand Babu @ Chand Miyan S/o Mohhamad Ali R/o vill. - Line Bazar, P.S. Mirganj, Distt. Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2015 Learned counsel appearing for petitioners in Cr. Misc. Nos. 32778 of 2014 & 48009 of 2014 seeks permission to make certain corrections in the fathers' name of petitioner No. 11 as also petitioner No. 2 of the above-said petitions respectively. Permission is accorded.
Learned counsel for petitioners should make correction within course of the day.
All the three petitions arise out of Mirganj P.S. Case No. 64 of 2014 registered under Sections-307, 337, 353, 153(A), 295(A), 463, 427, 447, 379, 295A of the Indian Penal, in which, they apprehend their arrest and accordingly, both the above-said petitions are being heard and disposed off by this common order. Heard learned counsels for the petitioners and learned Additional Public Prosecutor for the State. At the very outset, it is pointed out that for similar
3/4 occurrence, altogether four reports, including the present one, were lodged and in three cases, petitioners were made accused whereas; one FIR was lodged against the prosecution party of the present case.
The contention on behalf of the petitioners is that having more or less similar allegation, several persons from the side of the petitioners as well as from the side of prosecution party have already been granted privilege of anticipatory bail by different benches of this court as well as by learned Sessions Judge in the present case as well as in other cases. From perusal of Annexure-3 series of the supplementary affidavit, the above-said submission appears to be correct.
Learned counsel for the petitioners further submits that moreover, peace and harmony between the parties have already been restored.
Considering the aforesaid facts and circumstances as well as submission of the parties and with an intent to maintain the parity of justice, let petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each
4/4 with two sureties of the like amount each in connection with Mirganj P.S. Case No. 64 of 2014 to the satisfaction of Chief Judicial Magistrate, Gopalganj subject to conditions as laid down u/S 438(2) of the Cr. P.C.
(Hemant Kumar Srivastava, J) A.K.V./- U T