Md Haidar Ali @ Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39515 of 2022 Arising Out of PS. Case No.-222 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Md. Mangan Son Of Md. Majlum Resident Of Village- Biskaria, PsBhargama, District- Araria 2.

Firdaus @ Md. Firdaus Alam Son Of Md. Mangan Resident Of VillageBiskaria, Ps- Bhargama, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48309 of 2022 Arising Out of PS. Case No.-222 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

Md Haidar Ali @ Haidar Son Of Md. Shahid @ Sayed Resident Of Village - Bishahariya, Akrthapa, P.S.- Bhargama, Distt.- Araria. 2.

Azam @ Ajam Son Of Yunush Resident Of Village - Bishahariya, Akrthapa, P.S.- Bhargama, Distt.- Araria.

3.

Aurangzeb @ Auranjeb Son Of Kamrul Resident Of Village - Bishahariya, Akrthapa, P.S.- Bhargama, Distt.- Araria.

4.

Wahid @ Md. Wahid Son Of Ishak Resident Of Village - Bishahariya, Akrthapa, P.S.- Bhargama, Distt.- Araria.

5.

Mozim @ Mojeem Son Of Mohan Resident Of Village - Bishahariya, Akrthapa, P.S.- Bhargama, Distt.- Araria.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 39515 of 2022) For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal (In CRIMINAL MISCELLANEOUS No. 48309 of 2022) For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to

Patna High Court CR. MISC. No.39515 of 2022(3) dt.17-11-2022 2/3 remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 186 of the Indian Penal Code and Section 25 (1-b) a/26 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. Petitioners are the members of mob. He submits that no injury has been caused to any person. He submits that petitioners have not committed any such offence as alleged in the FIR and there is no recovery of any arms from their conscious possession. He further submits that petitioners have criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.39515 of 2022(3) dt.17-11-2022 3/3 six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhargama P.S. Case No. 222 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T