Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43502 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Naushad Alam Son of Sheikh Dullah @ Quamaruzzoha Resident of Village - Jaukatiya, P.S.- Majhaulia, Distt.- West Champaran. 2.

Abdul Hassan @ Abul Hassan Son of Sheikh Bartullah @ Sheikh Barkatullah Resident of Village - Jaukatiya, P.S.- Majhaulia, Distt.- West Champaran.

3.

Irfan Ahmad @ Md. Irfan Son of Sheikh Bigu @ Maniruddin Resident of Village - Jaukatiya, P.S.- Majhaulia, Distt.- West Champaran. 4.

Arshad Ali Son of Ishmohammad Miyan Resident of Village - Jaukatiya, P.S.- Majhaulia, Distt.- West Champaran.

5.

Jafar Alam @ Jafare Alam Son of Late Bhola Miyan Resident of Village - Jaukatiya, P.S.- Majhaulia, 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.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 143, 152, 431of the Indian Penal Code and Section 3⁄4 of the Essential Commodities Act.

Patna High Court CR. MISC. No.43502 of 2021(2) dt.11-04-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that 18 named and 200 unknown persons created road Jam by leading demonstration as a mark of protest against NRC, CAA and NRP and on persuasion by the police team, they removed jam, and went away. He further submits that petitioner no. 2 has one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that there is direct allegation of creating obstruction in discharge of official duties which is a social crime.

Considering the facts that there is general and omnibus allegation against the petitioners, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 50 of 2020, subject to the condition as

Patna High Court CR. MISC. No.43502 of 2021(2) dt.11-04-2022 3/3 laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T