Patna High CourtCR. MISC./34128/2015bail granted

Mohammad Shamim And ANR v. The State Of Bihar

2015-08-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34128 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Mohammad Shamim

2. Mohammad Firoj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under SectionS 147, 148, 149, 353, 330, 333, 307, 224 and 225 of the Indian Penal Code. The prosecution case is that on 06.05.2014, the Inspector of ATS from Rajasthan police conducted a raid at Kaji Mohalla and arrested Md. Ammar Yasaf, who is accused in Jaipur Shehar P.S. Case No.3 of 2014 when police party proceeded to the court of Sub-Divisional Judicial Magistrate with apprehended accused then a mob of 200 people assembled at the gate of police station pelted stones, thereby created hindrance in discharging official duties. Anyhow, the police took the

Patna High Court Cr.Misc. No.34128 of 2015 (2) dt.14-08-2015 2/2 apprehended accused to the court of learned SDJM. It is submitted by learned counsel for the petitioners that accusation is omnibus and general. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Similarly situated co-accused persons have been granted anticipatory bail vide Criminal Miscellaneous No.26820 of 2014.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghatiti, Gaya in connection with Sherghatti P.S. Case No.111 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U