Karimullah Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44201 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- THAKRAHA District- West Champaran ====================================================== 1.

KARIMULLAH DEWAN S/o Mustafa Dewan @ Mustufa Shah Resident of Thakraha, P.S.- Thakraha, District- West Champaran. 2.

HASMULLAH DEWAN S/o Mustafa Dewan @ Mustufa Shah Resident of Thakraha, P.S.- Thakraha, District- West Champaran. 3.

JAINUDDIN DEWAN S/o Kamru Dewan Resident of Thakraha, P.S.- Thakraha, District- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioner Nos. 1 and 3 have surrendered. As such, the anticipatory bail petition in their respect has become infructuous.

Accordingly, the anticipatory bail petition in respect of petitioner Nos. 1 and 3 is dismissed as being infructuous. The petitioner No. 2 apprehends his arrest in connection with Thakraha P.S. Case No. 115 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 337, 338 and 353 of

Patna High Court CR. MISC. No.44201 of 2021(2) dt.12-04-2022 2/2 the Indian Penal Code.

As per allegation, some quarrel took place between two groups on a very trivial issue for purchase of gutkha. When the police intervened, the mob started hurling stones and bricks on the police. After hectic efforts of the police the situation was brought under control.

Learned counsel for the petitioner has submitted that none has sustained any injury. He has also submitted that the petitioner No. 2, Hasmullah Dewan, is a person of clean antecedent. Considering the above-mentioned facts and circumstances, let the petitioner No. 2, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Bagaha, West Champaran in connection with Thakraha P.S. Case No. 115 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T