Md. Safik @ Safik Kawari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.201 of 2016 Arising Out of PS.Case No. -132 Year- 2011 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Md. Safik @ Safik Kawari Son of Sattar Kawari, Resident of villageHiramma, Kawari Tola, P.s.- Tariyani, District- Sheohar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,342,323,324,325,326,341,337,338,307,333, 353,427,504,506,153A and 295A of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case as per the written report of the ASI of Tariyani Police station is to the effect that on the eve of Moharram Tajia procession, some communal disturbances were created due to change of route by the processionists when the petitioner was
Patna High Court Cr.Misc. No.201 of 2016 (2) dt.06-01-2016 2/3 leading the mob which pelted stones on police personnel and others.
It is submitted by the learned counsel for the petitioner that the FIR has been lodged against 18 named and 800-900 unknown. The accusation is against the mob. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that co accused Sadre Alam and others have been granted anticipatory bail vide Cr. Misc. No.54215 of 2015.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar in connection with Tariyani P.S. Case No.132 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Since the case was registered in 2011, the learned court below shall be at liberty to cancel the bail
Patna High Court Cr.Misc. No.201 of 2016 (2) dt.06-01-2016 3/3 bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T