Md. Akib And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31467 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Md. Akib , Son of Aslam Sah,

2. Md. Ejaj, Son of Monajir Fakir, Both are Resident of Village- Dhamaul, P.S.- Dhamaul, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State.

The petitioner is apprehending arrest in connection with Pakribarawan (Dhamaul) P.S. Case No. 177 of 2016 for the offence under sections 147, 149, 341, 323, 353, 307 and 427 of the Indian Penal Code.

Allegation against the petitioners is that they are members of the mob and scuffle with the police took place at the time of procession going on for immersion of idol of lord Ganesha.

It appears from Annexure-2 that Md. Saddam Khan, Md. Kastam and Md. Amin Khan @ Akhtar Khan against who

Patna High Court Cr.Misc. No.31467 of 2017 (2) dt.13-07-2017 2/2 similar allegation was levelled in the case have been granted anticipatory bail in Cr. Misc. No. 17229 of 2017 dated 8.4.2017. Considering the fact that similarly circumstances other co-accused have already been granted anticipatory bail by this court in Cr. Misc. No. 17229 of 2017 vide order dated 8.4.2017 and the statement on affidavit in paragraph-3 that petitioners have no criminal antecedent, let the petitioners, named above , be released on bail in the event of arrest or surrender before the court below within a period of four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada, in connection with Pakribarawan (Dhamaul) P.S. Case No. 177 of 2016, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T