Pancham Khatri @ Hitler And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6352 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================
1. Pancham Khatri @ Hitler, Son of Late Kishundeo Khatri
2. Rajesh Kumar @ Rajesh Prasad, Son of Munna Gupta @ Munna Prasad
3. Aman Kumar, Son of Shankar Sao
4. Ranjeet Kumar, Son of Doman Sao
5. Shiv Chandra Sao @ Shivchand Sao, Son of Ram Ayodhya Sao
6. Suresh Sao @ Madhu, Son of Late Girja Sao
7. Manoj Kumar, Son of Barju Sao
8. Jitendra Sao, Son of Keshwar Sao All are residents of Village - Purani Arwal, P.S. - Arwal, District - Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate Miss Kiran Kumari, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 295A, 153A, 504, 506, 427, 448, 379 and 336 of the Indian Penal Code.
The prosecution case as per the written report of Mujahid Hussain dated 02.10.2017 submitted to the Station House Officer of Arwal Police Station is to the effect that on 01.10.2017 at 8.00 P.M. some members of the Hindu
Patna High Court Cr.Misc. No.6352 of 2018 (2) dt.01-02-2018 Community gathered being variously armed with deadly weapon and after raising slogans entered into the house of Alimuddin Ansari forcibly and tore the Kuran Sharif, pelted brick bats and asked the Muslim to flee away to Pakistan. The accused persons also damaged the vehicles parked and took out box of biscuit company. The accused persons also tried to break the door of one Nasim Idrish and after having seen the vehicle of administration they fled away.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and admittedly no injury has been caused to anyone. Except petitioner no. 2, who is accused in Arwal P.S. Case No. 198 of 2017, which has been lodged on the same day with regard to same incident.
Considering the omnibus and general accusation against the mob and it is claimed that none have received injury coupled with the statement made in paragraph 3 that except petitioner no. 2 other petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each
Patna High Court Cr.Misc. No.6352 of 2018 (2) dt.01-02-2018 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 197 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T