Md. Isha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39987 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.
MD. ISHA Son of Ramzani 2.
Md. Raju Son of Md. Isha 3.
Md. Raquib Raja @ Chottu @ Md. Raquib Son of Md. Isha 4.
Md. Sanowar @ Sonu @ Md. Sonu Son of Md. Isha 5.
Md. Monu Son of Md. Isha 6.
Md. Sajjad @ Sajjo Son of Reyasat 7.
Md. Foten Sah @ Md. Fultan Sah Son of Kare 8.
Md. Rizwan Son of Md. Rayees 9.
Abdul Sattar @ Md. Sattar son of Maniruddin 10.
Chunna Son of Jamal 11.
Md. Simta Son of Fazlur Rahman 12.
Jawaid @ Md. Jawaid Alam Son of Fajjo 13.
Mojib @ Md. Mobin Alam Son of Yunus 14.
Sarfraj @ Md. Sarfaraz Alam Son of Yunus 15.
Usman Son of Noor Mohammad 16.
Md. Chhote @ Md. Chhotu Son of Md. Sajjad @ Sajjo 17.
Md. Ruban Son of Md. Sajjad @ Sajjo All are resident of village - Shahidganj, P.S.- Bhawanipur, Distt.- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Khatim Reza, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Bhawanipur P.S. Case No. 196 of 2018
Patna High Court CR. MISC. No.39987 of 2019(2) dt.01-07-2019 2/3 registered for offence punishable under sections 147, 148, 149, 341, 323, 188, 152, 153, 353, 332 and 333 of the Indian Penal Code and section 9 of the Bihar Loudspeaker Act, 1995. Allegation has been made that two group of persons were taking their Taziya and they clashed, at the same time, they created a vandalism in the house of one Murshid Ali Rahmani.
The learned counsel for the petitioner submits that there is no attribution against these petitioners rather it is general and omnibus allegation.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 196 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not
Patna High Court CR. MISC. No.39987 of 2019(2) dt.01-07-2019 3/3 induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. Whenever the Police will call the petitioners for the purpose of interrogation/investigation, they would present themselves, In case of failure on two consecutive dates without any valid reason, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) Mahesh/- U T