Md. Gaush Ali @ Mohammad Gaus Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3822 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

MD. GAUSH ALI @ MOHAMMAD GAUS ALI, S/o Md. Shalim @ Mohammad Shalim @ Hafiz Md. Salim R/o Village- Sukhpur, P.S.- Warisnagar, Distt- Samastipur.

2.

Md. Gufran @ Mohammad Gufran Son of Md. Shalim @ Mohammad Shalim @ Hafiz Md. Salim R/o Village- Sukhpur, P.S.- Warisnagar, DisttSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Mahendra Pratap, learned advocate for the petitioners and Mr. Shyameshwar Dayal, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Warisnagar P. S. Case No. 140 of 2020, instituted for the offences under Sections 147, 148, 149, 307, 323, 324, 341 and 504 of the Indian Penal Code.

The petitioners are said to have assaulted the informant and his associates for their raising objection

Patna High Court CR. MISC. No.3822 of 2021(2) dt.04-08-2021 2/3 against holding of a fair at the Mazar of a Saint. The learned advocate for the petitioners has submitted that there is a counter version of the occurrence also and three persons from the side of the petitioners have received injuries. The accused persons of the counter case have been granted anticipatory bail. Two persons are said to have been injured in the subject F.I.R.

It appears that because of an issue regarding holding of fair at a religious place, a clash took place between two communities and cases have been filed against each other.

Considering the afore-stated background facts of this case and taking into account that in the counter case, most of the accused persons have been released on bail, the petitioners, above-named, are also directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of

Patna High Court CR. MISC. No.3822 of 2021(2) dt.04-08-2021 3/3 this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P. S. Case No. 140 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T