Manzar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41274 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md. Sahkir @ Md. Sakir Son Of Mohammad Irshad Resident Of VillageMadar Darwaja (power House,) Ps- Sasasaram (town), Distt- Rohtas ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41338 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Manzar Hussain S/O Kabir Hussain R/O Mohalla -mubarakganj Kazipur Sasaram P S Sasaram (t) District Rohtas 2.

Md Shadik Akhtar @ Sidki Akhtar S/O Kabir Hussain R/O Mohalla -mubarakganj Kazipur Sasaram P S Sasaram (t) District Rohtas ... ... Petitioner/s

Versus

The State Of Bihar Rohtas ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 41274 of 2023) For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare (In CRIMINAL MISCELLANEOUS No. 41338 of 2023) For the Petitioner/s :

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353,

Patna High Court CR. MISC. No.41274 of 2023(2) dt.14-07-2023 2/3 307, 427, 435, 436, 504, 505, 506 of the Indian Penal Code and Section 27 of the Arms Act later on 302 was also added. As per prosecution case, allegation against the accused persons and 200-250 unknown persons is that they due to communal disharmony assaulted many people. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. There is no specific allegation of committing offence levelled against the petitioner rather general and omnibus allegation levelled against them. Except suspicion nothing consistent material has come out against the petitioners. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since long.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are

Patna High Court CR. MISC. No.41274 of 2023(2) dt.14-07-2023 3/3 directed to be released on bail in connection with Sasaram (T) P.S. Case No. 275 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) Manishkumar/- U T