Pappu Khan @ Paappu Khan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38930 of 2015 Arising Out of PS.Case No. -284 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Pappu Khan @ Paappu Khan S/o Imteyaz Khan
2. Gufran Khan S/o Islam Khan Both Resident of Village Ghauri, Police Station Daudnagar, District Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 295, 427, 353, 186, 188/34 of the Indian Penal Code.
The prosecution case is that during emersion of the idol of Goddesses Durga some Hindu community demolished the pedestal of the Muslim community, as a result three persons of Muslim community assaulted to Janardan Paswan.
Subsequently, the chowkidar suggested the names of the assailant as petitioners Pappu Khan, Gufran Khan and Lotan Khan. During investigation it transpired that Munna, Dharmendra, Santosh Yadav
Patna High Court Cr.Misc. No.38930 of 2015 (2) dt.01-10-2015 and Chandra Baheliya with the help of other villagers damaged the pedestal of Muslim community to create disturbance.
It is submitted by the learned counsel for the petitioners that subsequently both Hindu community and Muslim community filed a compromise petition before the learned court below that no such occurrence actually took place. Statement to that effect has been made in para-10 of the petition. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 284 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T