Patna High CourtCR. MISC./49048/2017allowed

Md. Meraj And ANR v. The State Of Bihar

2017-12-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.49048 of 2017 (4) dt.15-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49048 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Md. Meraj, S/o Late Md. Sakur,

2. Md. Ismail S/o Late Md. Yushuf, Both R/o Village- Matwalawa, P.S.- Chandradeep, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chandradeep Police Station Case No. 28 of 2017, disclosing offences under Sections 147, 48, 149, 337, 353, 153 and 153(A) of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, several persons of Muslim community have been made accused with allegation that they have assaulted the police personnel along with members of Ram Navmi procession by bricks etc. but no specific case has been made out against any of the petitioners.

Patna High Court Cr.Misc. No.49048 of 2017 (4) dt.15-12-2017 Moreover, several co-accused, having more of less similar allegation have already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 52051 of 2017. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Judicial Magistrate-1st, Class, in connection with Chandradeep Police Station Case No. 28 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T