Md. Mursheed And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1384 of 2018 Arising Out of PS.Case No. -166 Year- 2016 Thana -BUNIADGANJ District- GAYA ======================================================

1. Md. Mursheed,

2. Md. Golden @ Md. Shamsheer Both Sons of Md. Khursheed.

3. Md. Jameer,

4. Md. Kalim @ Kalim, Both Sons of Md. Salim,

5. Md. Irfan, Son of Md. Ibrahim @ Ibrahim. All residents of Mohalla Head Manpur, P.S. Buniadganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Buniadganj PS case no. 166 of 2016 registered for the offences punishable under Sections 295, 295A, 153 and other sections of Indian Penal Code.

The allegation in the present case is that on 13.10.2016, a day on which both the festivals of Muharram and Navmi had fallen, altercation took place between two communities resulting in arson and looting from both the sides and thereafter, three FIRs are said to have been filed i.e. the present one, one filed by the police and one by the other section of the community. The petitioners are said to be the members of the

Patna High Court Cr.Misc. No.1384 of 2018 (3) dt.15-02-2018 2/2 mob.

The learned counsel for the petitioners submits that as far as the petitioners herein are concerned, they are not the persons named in the FIR filed by the police, hence their complicity is doubtful. It is further submitted that general and omnibus allegations are leveled against the petitioners. It is next submitted that the petitioners are having clean antecedents. Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Gaya in connection with Buniadganj PS case no. 166 of 2016 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T