Warish Ali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36879 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================
1. Warish Ali son of Asghar Ali
2. Ehsan Ali son of Late Chhote Miya
3. Hashan Jan son of Sadik Miya
4. Munna Alam @ Munna Ali @ Moona Alam, son of Babu Jan Miya. All are residents of village- Mahuawa, P.S. kuchaikot, District- Gopalganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Sri Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Kuchaikote P.S. Case No. 51 of 2016, disclosing offences under Sections 147, 149, 341, 323, 324,307, 379, 427, 337, 338, 353, 153A, 295A, 120B and 504 of the Indian Penal Code. From the First Information Report, it appears that persons belonging to two religious groups had a clash with each other. In the First Information Report, sixty persons have been named. There are many persons, who have not been named. Persons from both the groups have been made accused. Learned counsel for the petitioners has submitted that good sense has since prevailed among the members of the two
Patna High Court Cr.Misc. No.36879 of 2016 (2) dt.14-09-2016 2/2 communities and with their efforts, social harmony has been restored in the village. He has also submitted that no tangible purpose would be served if the petitioners are taken into custody, in the background of the nature of allegations made against them. Considering the submissions as above, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikot P.S. Case No. 51 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T