← Library
Patna High CourtCR. MISC./40722/2020disposed

Md Ibrahim Nadaf @ Md Ibrahim v. The State Of Bihar

2021-06-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40722 of 2020 Arising Out of PS. Case No.-332 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Md. Ibrahim Nadaf @ Md Ibrahim, S/o Bhangu Nadaf 2.

Ismail Nadaf @ Md. Ismail, S/o Md. Ebrahim Nadaf @ Md. Ebrahim 3.

Md. Anwarul @ Md. Anwar, S/o Md. Edrish @ Edrish @ Khashif Shaikh 4.

Md. Kashif @ Kashif Hussain, S/o Md. Akhtar @ Hanif Akhtar 5.

Md. Mahboob @ Mahfooj Shafi, S/o Md. Phaken @ Md. Hiudi Shafi All are resident of Village - Muraul, P.S. - Bajpatti, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Adv.

For the Opposite Party/s :

Mr. Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Ms. Madhubala Verma, the learned Advocate for the petitioners seeks permission to withdraw the application with respect to petitioner No. 1/Md. Ibrahim Nadaf @ Md. Ibrahim as he has been arrested.

Permission is granted.

The application with respect to petitioner No. 1

Patna High Court CR. MISC. No.40722 of 2020(2) dt.22-06-2021 2/3 stands dismissed as withdrawn.

Heard the learned counsel for the parties.

The petitioner Nos. 2 to 5 seek bail in anticipation of their arrest in connection with Bajpatti P.S. Case No. 332 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 333, 337, 324, 307, 353 and 188 of the Indian Penal Code.

The petitioner Nos. 2 to 5 have been named along with 100 to 150 unknown persons, who had blockaded the road and had prevented the police party from discharging its function. It is alleged in the F.I.R. that there was a quarrel amongst the participants in the immersion procession of Lord Krishna. When the police heard about the occurrence, they promptly swung into action but the petitioners and others tried to prevent them from doing so.

The learned counsel for the petitioner Nos. 2 to 5 has submitted that they have no criminal antecedents and have been prosecuted in this case without any specific accusation and only on suspicion.

Regard being had to the nature of accusation

Patna High Court CR. MISC. No.40722 of 2020(2) dt.22-06-2021 3/3 against the above-named petitioner Nos. 2 to 5, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Bajpatti P.S. Case No. 332 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T