Arshad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30236 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- GURUA District- Gaya ====================================================== 1.

ARSHAD HUSSAIN Son of Late Barkatullah Miya Resident of VillageSukul Khap, Police Station-Gurua, District-Gaya. 2.

Md. Tanveer Ansari @ Tannu Son of Nasimuddin Miya Resident of VillageSukul Khap, Police Station-Gurua, District-Gaya. 3.

Md. Jahid @ Md. Jahid Ansari Son of Md. Safique Miya Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 4.

Guddu Ansari @ Md. Tanjeem Ansari Son of Nasimudin Miya @ Nasimuddin Ansari Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya.

5.

Akbar @ Akbar Ansari Son of Late Mahboob Ansari Resident of VillageSukul Khap, Police Station-Gurua, District-Gaya. 6.

Md. Imteyaz @ Imteyaz Ansari Son of Md. Khalid Miya @ Abdul Khalique Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 7.

Zainul Ansari @ Md. Zainul Abedin Son of Md. Gaffar Miya Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 8.

Md. Mustafa @ Md. Mustafa Ansari @ Mustafa Ansari Son of Abdul Rauf Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 9.

Md. Hisamuddin @ Md. Hismuddin Ansari Son of Nezamuddin Miya Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 10.

Ehsan @ Ehsan Anari @ Md. Ehsan Ansari Son of Gulam Rasool Ansari Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 11.

Abdul Barik @ Abdul Barik Miya Son of Naimuddin Miya Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. 12.

Md. Ashfak Ansari Son of Md. Ashik Miya @ Md. Ashik Ansari Resident of Village-Sukul Khap, Police Station-Gurua, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2019 Heard both sides.

The petitioners apprehend their arrest in Gurua P.S.

Patna High Court CR. MISC. No.30236 of 2019(2) dt.08-05-2019 2/3 case No. 227 of 2018 registered under Section 307 and some other Sections of the IPC.

The Block Development Officer, Gurua is the informant. The informant alleged that on 09.11.2018 at about 10 A.M. procession was going on to immerse the idol of goddess Laxmi but when the procession reached near the house of Dular Chand Yadav and Krishna Ravidas many persons of the Muslim community came and started pelting stones causing injury to different police officials. The Circle Officer, Gurua, Vikash Pandey, Police Inspector, Sherghati, Arun Kumar Singh, S.H.O. Gurua and others were also injured.

The learned counsel for the petitioners submits that informant mentioned the names of 68 persons but the petitioners were not even the members of mob. The petitioners are residents of village and on the disclosure made by the Chowkidar the entire villagers were made accused in the case. It is submitted that some minor injuries were caused to one police official. Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that save and except the fact that names of petitioners figured in the case but no allegation of even investigating has been made against the petitioners, the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.30236 of 2019(2) dt.08-05-2019 3/3 arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Sherghati, Gaya in connection with Gurua P.S. case No. 227 of 2018-, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T