Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45002 of 2019 Arising Out of PS. Case No.-515 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.

NAUSHAD ALAM Son of Rahman Miyan Resident of Village-Bari Tola, Police Station-Bettiah Muffasil, District-West Champaran. 2.

Guddu Alam Son of Rahman Miyan Resident of Village-Bari Tola, Police Station-Bettiah Muffasil, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-07-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bettiah Mufassil Police Station Case No. 515 of 2018, disclosing offences under Sections 147/148/148/341/342/452/ 323/324/325/307/379/427/109 of the Indian Penal Code. The allegation against the petitioners, as per the First Information Report, is that on the occasion of Moharram, during Tazia procession, the petitioners, along with 300 unknown persons, entered into the houses of the Hindu community and started assaulting them.

Learned Counsel for the petitioners submits that from

Patna High Court CR. MISC. No.45002 of 2019(2) dt.23-07-2019 2/3 perusal of the First Information Report, it would be evident that no specific allegation has been levelled against the petitioners and the allegations are general and omnibus in nature against 23 named and 300 unknown persons. He further submits that the petitioners have got no criminal antecedent and similarly situated 13 accused persons have been granted anticipatory bail by this Court, by order, dated 15.02.2019, passed in Criminal Misc. No. 9181 of 2019.

After having heard learned Counsel for the parties and taking into consideration the fact that the allegations against the petitioners are general and omnibus and similarly situated co-accused persons have been granted anticipatory bail, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Bettiah Mufassil Police Station Case No. 515 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.45002 of 2019(2) dt.23-07-2019 3/3 This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √