Md. Mojid Ansari @ Md. Majid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15588 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== 1.

MD. MOJID ANSARI @ MD. MAJID ANSARI Son of Dos Mian @ Dast Mohammad Mian Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

2.

Abid Mian Son of Hadi Mian Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

3.

Tej Pratap Singh @ Dhamu Singh Son of Bhagyanarayan Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 4.

Raju Singh Son of Gauri Shankar Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

5.

Dinesh Singh Son of Late Amar Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

6.

Azad Hussain Son of Anwar @ Md. Anwar Hussain Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 7.

Saddam Hussain @ Saddam Son of Anwar @ Md. Anwar Hussain Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 8.

Tunna Kumar Pandey @ Tunna Pandey @ Dhananjay Pandey @ Dhananjay Kumar Pandey Son of Shambhu Pandey Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

9.

Mukesh Kumar Singh @ Mukesh Singh Son of Harishankar Singh @ Aashnarayan Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

10.

Bablu Alam @ Bablu Son of M. Unish @ Md. Yunush Hjari Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 11.

Vicky Kumar @ Vicky Singh Son of Vinod Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 12.

Anil Kumar Singh @ Anil Singh Son of Late Ramcandra Singh @ Raja Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 13.

Rakesh Kumar @ Rakesh Singh Son of Late Rambahadur Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 14.

Ramu Singh @ Abhishek Kumar Son of Aashnarayan Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 15.

Dina Nath Thakur Son of Brajesh Thakur Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

16.

Md. Istakhar @ Istakhar Hussain Son of Ismail Mian Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 17.

Md. Taj @ Taj Mian Son of Ismail Mian Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

18.

Parvej Alam @ Md. Parvej @ Parwez Alam Son of Dos Mohammad @ Dost Mohammad Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

2/4 19.

Bikesh Kumar @ Bikesh Singh Son of Late Harishankar Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 20.

Shambhu Singh Son of Late Ramnarayan Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 21.

Pawan Singh Son of Ramjanam Singh Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

22.

Md. Isa @ Isa Son of Hadish Mian Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

23.

Ajay Mishra Son of Late Durga Mishra @ Durgadutt Mishra Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran. 24.

Golu Kumar Son of Harendra Bhagat Resident of Village - Bangra, P.S.- Sugauli, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 332, 333, 188, 427, 353, 504, 506 of the Indian Penal Code and 3⁄4 of the Prevention of Damage to Public Property

3/4 Act, 1984.

Allegation is that the informant received information that in front of Bangara petrol pump one cycle rider has been died due to accident met by one tractor where the road has been blocked. On this information, the informant and other police officials reached there. Thereafter the accused persons assaulted the police party by lathi, danda, fists and slaps and also threw bricks and stones on the police party, due to which some of them sustained injuries and they also damaged the vehicle of the police.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. There was a protest in respect of the accident which had taken place on the road. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court

4/4 below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. case No.22 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T