Jarnail Mansoori @ Ash Mohammad @ Asmahmmad Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 20557 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- CHIRAIYA District- East Champaran ===============================================

1. Jarnail Mansoori @ Ash Mohammad @ Asmahmmad Miya Age about 35 years, Gender - Male S/o Misrail Mansoori @ Masrail Miyan

2. Jabar Mansoori Age about 62 years, Gender - Male S/o Samsuddin Mansoori

3. Anwar Jafar @ Md. Anwar Jafar Age about 35 years, Gender - Male S/o Amanullah

4. Hashbullah @ Hashibullah Mansoori Age about 40 years, Gender - Male S/o Leyakat Mansoori

5. Md. Rizwan Alam Age about 55 years, Gender - Male S/o Sirazul Haque @ Serazul Haque

6. Md. Sinhaz @ Md. Minhaz Alam Age about 20 years, Gender - Male S/o Kamal Hoda @ Kamrul Hoda All residents of Village - Barharwa Lakhansen, P.S.- Dhaka, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 150, 152, 153-A (1)(b), 186, 188, 295, 323, 325, 335, 333 and 353 of the Indian Penal Code registered in connection with Chiraiya P.S. Case No. 352 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the first information report is against 6 named accused persons and 300 unknown persons. The petitioners are not named in the FIR. The petitioners are only members of the mob and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners individually. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest

Patna High Court CR. MISC. No.20557 of 2019(2) dt.04-04-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikarahna in connection with Chiraiya P.S. Case No. 352 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T