Patna High CourtCR. MISC./56495/2015bail granted

Attiullah Sah @ Attaullah Sah @ Attaullah Sai And ORS v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56495 of 2015 Arising Out of PS.Case No. -268 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Attiullah Sah @ Attaullah Sah @ Attaullah Sai Son of Late Hamid Sah.

2. Shamim Ahmad

3. Anish Ahamad Both sons of Attiullah Sah @ Attaullah Sah @ Attaullah Sai .

4. Imran Ahmad @ Raj Ahmad @ Raju Ahmad Son of Ashfaq Sai.

5. Saddan Ahmad @ Saddam Sai (Shah) Son of Ashfaq Sai.

6. Meraj Sai @ Meraj Sah Son of Aflat Sai. null

7. Doma Sai So of late Hamid Sah. All above stated are residents of village Kudra, Police Station- Kudra, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Sharma, Advocate For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 332, 326, 324, 307, 337, 435, 436, 333, 353, 427, 153 (II), 295, 295A, 298, 120B, 504, 506, 148 of the Indian Penal Code.

The prosecution case is that during Muharram procession the people from both the community collided with each other. 150-200 people ransack the house of other community and put the shop and flag on fire.

Patna High Court Cr.Misc. No.56495 of 2015 (2) dt.14-12-2015 It is submitted by the learned counsel for the petitioners that accusation is omnibus and general against the mob. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 268 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T