Md. Islam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62893 of 2017 Arising Out of PS.Case No. -621 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================
1. Md. Islam, S/o Late Fakhruddin,
2. Md. Jawed, S/o Md. Zakir, Both are resident of Village- Bajrangi Tola, Ward No.17, P.S.- Araria, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek bail in connection with Araria Police Station Case No. 621 of 2017 registered for offences punishable under sections 153A, 295A/34 of the Indian Penal Code and section 3/4 of the Bihar Prevention and Improvement of Animal Act.
These petitioners and five others were arrested by police on the allegation that they were indulged in cow slaughtering and thereby outraging religious feeling among the local people. It has been submitted that these petitioners had no concern with the alleged offence. Nothing incriminating has been recovered from the possession of petitioners and at the relevant
Patna High Court Cr.Misc. No.62893 of 2017 (2) dt.12-01-2018 2/2 time the petitioners were simply present at the place of occurrence. Petitioners are in custody since 03.09.2017 having clean antecedent Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araia in connection with Araria Police Station Case No. 621 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of their bail. (Sanjay Kumar, J) Mahesh/- U T