Md. Musa v. The State Of Bihar
Patna High Court Cr.Misc. No.46997 of 2016 (2) dt.13-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46997 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -BUDDHACOLONY District- PATNA ====================================================== Md. Musa, son of Late Md. Kalimuddin, resident of Mohalla- Dujara Pahalwan Ghat, P.S.- Budha Colony, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Budha Colony P.S. Case No. 151 of 2015 registered under Sections 147, 148, 149, 323, 353, 307, 153(A), 153, 504, 506, 337 and 283 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that on receiving information about gathering of mob of 30-40 persons near the Dujra Imambara, police reached there then mob started pelting stones and resorted to fire on the police, thereby not only disturb the communal harmony but also prevented the police for discharging their official duties. 32 persons named in the F.I.R. including the petitioner were identified.
Patna High Court Cr.Misc. No.46997 of 2016 (2) dt.13-12-2016 Learned counsel for the petitioner submits that petitioner is named in the F.I.R. as member of the mob and he has no criminal antecedent. It is further submitted that co-accused, Kallu @ Iftekhar, Md. Naushad Ali @ Naushad Ali and Shahud Alam @ Md. Gulden @ Md. Saud Alam, who are named in the F.I.R. as members of mob, have already been granted privilege of anticipatory bail by this Court vide order dated 18.01.2016 passed in Criminal Misc. No. 2550 of 2016.
Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Patna, in connection with Budha Colony P.S. Case No. 151 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T