Faiyaz Aalam @ Kamru Kunjara @ Faiyaz @ ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41791 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================
1. Faiyaz Aalam @ Kamru Kunjara @ Faiyaz Son of Nazir Kunjara.
2. Golden Kunjara @ Md. Kamruddin son of Nazir Kunjara
3. Ladla Kunjara son of Nazir Kunjara,
4. Sikandra Kunjara @ Gulam Sarvar Son of Nazir Kunjara, All resident of Village- Rani Sagar, Police Station- Shahpur, District- Bhojpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rahul Nath, Advocate For the Opposite Party : Mr. Smt. Indu Bala Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioners and the learned counsel representing the State.
The petitioners seek bail in connection with Shahpur P.S Case No. 175 of 2016 registered for the offences punishable under Sections 147, 148, 149, 333, 337, 307, 353, 534, 436, 427, 379, 153(A), 295(A), 504 of the Indian Penal Code.
Allegedly, petitioners and other F.I.R. named accused persons along with 150-200 unknown persons started damaging the shops and pelted stones, causing injury to some police personnel, resulting police to control the mob opened three round firing and further the miscreants looted some shops and houses of Hindu community also.
Submission is of false implication and that all the four members have been implicated in this case only on suspicion, there is
Patna High Court Cr.Misc. No.41791 of 2016 (2) dt.06-10-2016 2/2 no specific allegation against them, no offence under section 307 and 379 of the Indian Penal Code is made out, moreover now there is peace in the society and, as such, petitioners deserve sympathetic consideration The learned A.P.P. fairly submits that now, there is no tension in the society.
In the facts and circumstances stated above, petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXIV, Bhojpur at Ara in connection with Shahpur P.S. Case No. 175 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J.) Rajiv/- U T