Jamal Siddique @ Jallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25770 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -KHAIRA District- SARAN ======================================================
1. Jamal Siddique @ Jallu son of Late Bholi Miyan resident of MohallaNari Gang (Tola) Kadipur, P.O. + P.S. Nagar, District- Chapra (Saran). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabindra Nath Singh For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered under sections 307 and other allied sections of the Indian Penal Code. According to the first information report the informant was posted as S.I. in Khaira Police Station. He was deputed with an armed force for the purpose of disposal of idol of Sarswati jee and maintaining law and order at Nagra Chawk. In the meantime the idol of Sarswati Jee with a procession arrived at Nagra Chawk and the memhbers of Muslim community were seeing the procession on whom Ranjeet Kumar Beyahut threw Abir which was protested by them on which stones were also thrown, thereafter stones were being pelted by members of both the communities and the police force were also attacked. Some members of police force sustained injuries and the van of police force was also damaged and the mob also tried to set fire on the informant after sprinkling K. oil but any how he managed to
Patna High Court Cr.Misc. No.25770 of 2015 (2) dt.14-07-2015 2/2 escape.
On behalf of the petitioner it is submitted that petitioner is not named in the F.I.R. Further it is submitted that petitioner has been made accused in the present case due to mistake of fact. On behalf of the State it is submitted that admittedly the petitioner is not named in the first information report. Considering the aforesaid facts the above named petitioner in the vent of his arrest or surrender before the court below within a period of four weeks from the date of receipt /production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra (Saran) in Khaira(Nagar) P.S. Case No. 11 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T