Md. Rayees And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32906 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -KARJAIN District- SUPAUL ======================================================
1. Md. Rayees, son of Late Hazi Idris
2. Md. Mujibur Rahman @ Md. Mujibur, son of Late Hazi Idris
3. Md. Mustafa, son of Md. Hanif
4. Md. Mintullah son of Md. Rafique
5. Md. Jaheer, son of Jal Muhammad
6. Md. Hazrat, son of Md. Sakoor
7. Md. Mustafa @ Md. Mustufa, son of Late Md. Usman
8. Md. Gulzar, son of Late Md. Mahawali
9. Md. Sajjad, son of Late Md. Lelhay
10. Md. Mannan @ Mannan, son of Md. Sakoor
11. Md. Israil, son of Md. Bachcho
12. Md. Sultan, son of Md. Siddique
13. Md. Waseel, son of Md. Wasir
14. Md. Jasim, son of Md. Wasir
15. Md. Nazeer @ Kushkhush, son of Md. Karim All are resident of Village- Gospur (Harichakla), P.S.- Karjain, District- Supaul .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Karjain P.S. Case No.39 of 2016 for allegedly having committed the offence under Sections 147, 148, 149, 332, 333, 324, 307, 353, 427, 504, 120B and 506 of the Indian Penal Code.
Patna High Court Cr.Misc. No.32906 of 2016 (2) dt.12-08-2016 2/3 Learned counsel for the petitioners submits that a plain reading of the F.I.R. reveals that the petitioners have been named as part of the members of the mob, which had surrounded the house of the candidate, who was contesting the election of Mukhiya. Learned counsel further submits that there is no allegation of any overt act against these petitioners, rather it is only against three others, namely, Sultan, Gayasuddin and Kalam and as such, the petitioners may be extended the privilege of anticipatory bail.
Having heard learned counsel for the petitioners and the learned counsel for the State and on perusal of the materials, it appears that the petitioners have been named only on account of some political rivalry.
In view of the aforementioned facts and circumstances, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri A.K. Pandey, learned Judicial Magistrate, Birpur, District-Supaul, in connection with Karjain P.S. Case No.39 of 2016, subject to
Patna High Court Cr.Misc. No.32906 of 2016 (2) dt.12-08-2016 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T