Afzal @ Pappu Hakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43277 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- SIGAUDI District- Patna ====================================================== 1.

AFZAL @ PAPPU HAKIM Son of Late Iqbal Ansari 2.

MAHMOOD ANSARI Son of Sri Nizamuddin Ansari @ Kallu Both residents of Village - Sigori, P.S. - Sigori, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary, Adv.

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-11-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that a group of about 200 persons gathered near the main gate of the police station and started to abuse and made an attempt to break the main gate. Inspite of attempt by the police to calm down the mob, they made an attempt to snatch the rifles of the police personnel. In the occurrence, a number of police personnel were injured. The police personnel also resorted to firing in the air. It

Patna High Court CR. MISC. No.43277 of 2021(2) dt.17-11-2021 2/3 is further stated that in the C.C.T.V. footage, 51 named accused persons were identified which include the two petitioners herein and about 100 others may also be identified in the C.C.T.V. footage.

It is submitted by learned counsel for the petitioners that the allegations as levelled in the F.I.R. are general and omnibus. The petitioners have been falsely implicated in the case as some persons had gathered to protest for the reason that inspite of written report on an earlier occasion, no F.I.R. was being registered. However, subsequently an F.I.R. being Annexure-2 was registered. The petitioners are in custody since 3.5.2021 and chargesheet has been submitted in the case. It is submitted by learned counsel for the petitioners that the urgency in taking up the matter is that the petitioner no. 2 happens to be a student of B.A. (Hons.) Part I in the Patliputra University, Patna and his exams are scheduled to commence on 18.11.2021. A copy of the admit card has been brought on record along with the mention slip for urgent hearing. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over six months and

Patna High Court CR. MISC. No.43277 of 2021(2) dt.17-11-2021 3/3 chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Sigori P.S. Case no.51 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Danapur, Patna. (Partha Sarthy, J) Saurabh/- U T