Patna High CourtCR. MISC./30285/2016bail granted

Md. Munna @ Eklakh Ahmed And ANR v. The State Of Bihar

2016-08-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30285 of 2016 Arising out of P.S. Case No. -197 Year- 2016 Thana - SITAMARHI District- SITAMARHI ===================================================

1. Md. Munna @ Eklakh Ahmed, Son of Shaheb Jaan Resident of Village- Mehsaul, P.S. Siramarhi, DistSitamarhi.

2. Md. Asif, Son of - Dr. Md. Rafique Resident of VillageMehsaul, P.S.-Sitamarhi, Dist- Sitamarhi.... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s: Mr. Krishna Prasad Singh, Sr. Adv. : Mr. Anuj Kumar, Adv.

: Mr. Shafiur Rahman, Adv.

For the Opposite Party/s: Smt. Renuka Ratnakar, Adv. =================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02.

04.08.2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners seek bail in a case registered for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 307, 364, 353, 337, 504 and 506 of the Indian Penal Code.

One Police Constable was forcibly taken away by some FIR named accused and later on he was kept in a School. The Informant and other police officials went there and got released the said Constable from the clutches of accused persons. So far as petitioners are concerned, it is stated that more than 200 people including petitioners assembled there and demanded to

Patna High Court Cr.Misc. No.30285 of 2016 (2) dt.04-08-2016 hand over the aforesaid Constable to them and also pelted stones on the Police.

Learned counsel for the petitioners submits that it is the other FIR named accused who took away the Constable and assaulted him. So far as petitioners are concerned, no specific overt act has been attributed against them. It is further submitted that the petitioners are in jail custody since 15.04.2016 and 28.05.2016 respectively.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the Petitioners, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 197 of 2016.

Vikash/- (Hemant Kumar Srivastava, J.) U T