Nanhe Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28787 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

NANHE MIAN Son of Yusuf Kureshi @ Usuf Kureshi Resident of Village - Kalibagh, P.S.- Bettiah Town, Distt.- West Champaran. 2.

Mithu Mian @ Mithi Mian Son of Yusuf Kureshi @ Usuf Kureshi Resident of Village - Kalibagh, P.S.- Bettiah Town, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bettiah Town P.S. Case No. 717 of 2018, registered for the offences punishable under Sections 147, 148, 149, 188, 153 (A), 153 (B), 332, 333, 337, 338, 353, 307, 295 (A) of the Indian Penal Code.

Thirty- three named accused persons and 400-500 unknown miscreants started pelting stones on the Mahavir procession and damaged the vehicles, created disturbance in the procession and also created hindrance in discharging the duty by the informant.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.28787 of 2019(3) dt.01-08-2019 2/2 that they have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The identity and genuineness of the source of information has not been mentioned in the written report of the informant. Petitioners happen to be member of the mob. None has sustained injury in the occurrence. Petitioners have no criminal antecedent. On the other hand, learned A. P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No.717 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T