Mirshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28872 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- BALRAMPUR District- Katihar ====================================================== 1.

MIRSHAD ALAM Son of Alauddin Resident of Madhupur, P.S.- Balrampur, District - Katihar 2.

Dilshad Alam Son of Alauddin Resident of Madhupur, P.S.- Balrampur, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Adv.

For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Dr. Mritunjay Kumar Gautam, the learned APP for the State.

The petitioners seek regular bail in connection with Balrampur (Telta) P.S. Case No. 50 of 2020, registered for the offence punishable under Sections 188, 269, 279, 271, 147, 148, 341, 323,

Patna High Court CR. MISC. No.28872 of 2020(2) dt.12-11-2020 2/3 332, 333, 353, 307, 504 and 505 of the Indian Penal Code.

The allegation is regarding the police having received secret information that the petitioners had opened their hotel kind of shop and were violating the lock down imposed by the Government whereupon the police had arrived at the said shop of the petitioners, however, the petitioners started abusing and assaulting the police force by engaging in brick batting.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 10.04.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioners and taking into account the fact that the petitioners are having clean antecedent and they are languishing

Patna High Court CR. MISC. No.28872 of 2020(2) dt.12-11-2020 3/3 in custody since 10.04.2020, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Katihar in connection with Balrampur (Tetla) P.S. Case No. 50 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T