Patna High CourtCR. MISC./12844/2015bail granted

Md. Akbar v. The State Of Bihar

2015-05-28Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12844 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -BELSAND District- SITAMARHI ======================================================

1. Md. Akbar Son of Late Subrati, Resident of village - Pandrahi, P.s. Belsand,District Sitamarhi..

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13522 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -BELSAND District- SITAMARHI ======================================================

1. Md. Saddam son of Late Md. Aphaque, resident of village- Pandarahi, Police Station- Belsand, District- Sitamarhi .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.12844 of 2015) For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) (In Cr.Misc. No.13522 of 2015) For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner Md. Akbar is in Cr. Misc. No. 12844 of 2015 and Md. Saddam in Cr. Misc. No. 13522 of 2015 have been in custody since 06.11.2014 in connection with Belsand P.S. No. 141/14 registered for the offences punishable under Sections 302,

Patna High Court Cr.Misc. No.12844 of 2015 (2) dt.28-05-2015 P2/2 120-B/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that there is general and omnibus allegations against these petitioners and they have been taken into custody whereas there was some rivalry between the parties regarding the dispute over the Muharram procession and it is for the said reason that the present case has been registered. Learned counsel for the petitioner Md. Abkar, submits that the petitioner has been in custody for almost six months and he has no criminal antecedent.

Learned counsel for the petitioner Md. Saddam, also submits that he has been in custody for the similar period with general and omnibus allegations but he fairly submits that there is also one other case against this petitioner.

Considering the aforementioned submissions and also the period of custody, let the petitioners, namely, Md. Akbar and Md. Saddam in both the cases be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. Case No. 141/14.

(Anjana Mishra, J) Saif/- U T