Manzar Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32199 of 2015 Arising Out of PS.Case No. -378 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manzar Mian Son of Reyazul Mian
2. Minhaz Mian Son of Reyazul Mian
3. Meraz Mian Son of Minhaz Mian
4. Tabrez Mian Son of Prem Mian
5. Reyazul Mian Son of Nazir Mian
6. Sohail Mian Son of Panjab Mian
7. Alamgir @ Alam Gir Mian Son of Late Rahmat Mian
8. Seraz @ Seraz Mian Son of Minahaz Mian All residents of village Balahi, P.S. Turkauliya, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Hirday Prasad Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 212, 216, 216(A), 224, 225, 307, 323, 341, 342, 353, 504, 506 of the Indian Penal Code.
The prosecution case as per the written report of Randhir Kumar, Officer-in-charge, Turkaulia P.S is to the effect that on 14.05.2015 the informant went to arrest notorious criminal Bablu Mia in connection with Motihari Rail P.S. Case No. 02 of 2015 but as soon as Bablu Mia was
Patna High Court Cr.Misc. No.32199 of 2015 (2) dt.07-08-2015 2/2 arrested, all the F.I.R named accused persons including 20-25 unknown attacked the police personnel. It is alleged against petitioner Nos. 1 and 3 that they made an attempt to snatch the service revolver of the police personnel. It is submitted by learned counsel for the petitioners that accusation is against the mob and none from the informant's side received any injury, whereas petitioner No. 2 Minhaz Mia is the present Sarpanch of Gram Kautchehary. It is further submitted that it appears surprising that the petitioners have been identified by the informant in the mob though they have no criminal antecedent.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 378 of 2015, G.R. Case No. 2296 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T