Ibrahim Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30349 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================
1. Ibrahim Mian, S/o Muhram Mian
2. Rahim Ansari, son of Ish Mohammed All Resident of village- Batal Chauraha, P.S.-Kateya,District-Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.
The petitioners apprehend their arrest in Kateya P.S. Case No. 37 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant, SHO of Kateya, alleged that he got information that Muslim community of two villages may fight with each other for engraving the dead body in Batal Chauraha Kabristan. The informant and other police officers after receiving such information went to the place of occurrence. It is alleged that villagers of Batal Chauraha having armed with different weapons came and began to pelt stones and assaulted the informant with sticks. Ali Hussain assaulted the informant with bamboo on his
Patna High Court Cr.Misc. No.30349 of 2016 (2) dt.14-09-2016 2/2 thigh. Hazrat Mian assaulted the informant with farsa and other villagers also assaulted.
It is submitted that the petitioners are innocent and no specific allegation is made against them. Similarly situated coaccused persons have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 25795/2016, Cr. Misc. No. 26752 of 2016 and Cr. Misc. No. 18570 of 2016. The case of the petitioners stands on the same footing.
Considering the facts aforesaid, 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 37 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T