Patna High CourtCR. MISC./373/2017bail granted

Md. Shahid @ Md. Shahid Raza And ORS v. The State Of Bihar

2017-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.373 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================

1. Md. Shahid @ Md. Shahid Raza son of Md. Samsuddi

2. Md. Mushtaque son of Md. Botal

3. Md. Azad @ Azaz son of Tipu @ Abul, all are resident of village Baki, Police Station Rupauli (Akbarpur), District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 153, 295, 295(A), 120B, 427 and 447 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners forming an unlawful assembly hatching a conspiracy entered into the temple maliciously insulting the religion and committed the occurrence with a view to disturb the society. It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case.

Patna High Court Cr.Misc. No.373 of 2017 (2) dt.11-01-2017 2/2 General and omnibus allegation has been made. No specific overt act has been alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Purnea in connection with Rupauli (Akbarpur) P.S. case No.212 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T