Nazim @ Naiyar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68741 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ======================================================
1. Nazim @ Naiyar Son of Hakimuddin, Resident of VillageHaldikhopad, Dhapi Tola, Police Station-Kochadhaman, DistrictKishanganj.
2. Sahrul Son of Soma, Resident of Village-Kanhaiyabari, Police Station-Kochadhaman, District-Kishanganj.
3. Afsar Alam Son of Lajifuddin Resident of Village-Balubadi Birpur, Police Station-Bahadurganj, District-Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Wasi Ahmad Khan For the Opposite Party/s :
Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in connection with Kochadhaman P.S. Case No. 156 of 2018 registered for the offences punishable under Sections 114, 147, 148, 49, 342, 323, 448, 307, 332, 333, 379, 427, 353 and 436 of the Indian Penal Code.
Allegation against petitioner is that two co-accused persons raised objections with respect to killing of the animals and both persons were brought to the police station and thereafter a mob assembled there and started brick batting on the police station and also damaged the public property.
Patna High Court Cr.Misc. No.68741 of 2018(2) dt.30-11-2018 2/268742 It has been submitted on behalf of the petitioner that they are innocent and have committed no offence. Allegation against petitioners is vague and omnibus in nature and nothing specific against them. He has no criminal antecedent and he is in custody since 16.08.2018. It has been further submitted that similarly placed co-accused have been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 65888 of 2018 vide order dated 26.11.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 156 of 2018.
(S. Kumar, J) Rajiv/ManojU T