Serajul Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70472 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- BAIRIYA District- West Champaran ======================================================

1. Serajul Ansari Son of Late Amin Ansari

2. Mobarak Miyan Son of Late Dil Mohammad Miyan @Dil Mahmad Miyan

3. Dargahi Miyan Son of Late Abdul Miyan

4. Adalat Miyan Son of Late Abdul Miyan

5. Ahmad Miyan Son of Late Abdul Miyan

6. Akalu Miyan Son of Late Mohammaddin Miyan

7. Galu Miyan Son of Late Mohammaddin Miyan

8. Hassan Miyan Son of Late Dil Mohammad Miyan All Resident of VillageMalahi Tola,P.S.Bairiya,Distt.-West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bairiya P.S.Case No. 96 of 2018 registered under Sections 147, 148, 149, 323, 337, 427 and 353 of the Indian Penal Code. Considering the allegation made in the FIR that in course of removal of encroachment the petitioners and others started pelting stone and brick, which caused injuries to the driver of the JCB Machine and the JCB Machine was also damaged, I am not inclined to grant them pre-arrest bail. Their application for pre-arrest bail is rejected.

In case the petitioners surrender and seek bail, the

Patna High Court Cr.Misc. No.70472 of 2018(2) dt.21-12-2018 2/2 same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) pradeep/sneha U T