Taj Mohammad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23302 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Taj Mohammad, son of Late Jamaluddin

2. Md. Sainullah @ Munna @ Sanaullah Ansari @ Munna, son of Mainuddin Ansari

3. Faiz Ahmad, son of Islam Ansari, all residents of village Deoagna, P.S. Nabinagar, District Aurangabad .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Ms. Leelawati Kumari For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Nabinagar P.S.Case No. 20 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Allegation against the petitioners is of creating disturbance in the procession in connection with emersion of idol and specific allegation against petitioner No.2 is of assault by iron rod.

Submission of learned counsel for the petitioners is that the injuries are simple in nature and so far petitioners Nos. 1 and 3 are concerned, there is no specific allegation against them. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners Nos. 1 and 3, above named, surrender in the court below within a period of four weeks from

Patna High Court Cr.Misc. No.23302 of 2018 (2) dt.19-04-2018 2/2 the receipt of this order and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Aurangabad, in connection with Nabinagar P.S.Case No. 20 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

So far petitioner No.2 is concerned, in the facts and circumstances, I am not inclined to grant him anticipatory bail. He may surrender and pray for regular bail, which shall be considered on its own merit.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U