Hisamul Haque @ Laddan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29411 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Hisamul Haque @ Laddan S/o Enamul Haque, R/o Mohalla- Munshi Mohalla, Nawadih, P.S.- Aurangabad (T), District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Aurangabad (T) P.S Case No. 93 of 2018 registered for the offences punishable under Sections 147, 149, 504, 337, 427, 307, 160, 295(A), 353 of the Indian Penal Code. Allegedly, on the occasion of Ram Navami festival procession was moving through the town and while passing through a particular area, members belongings to another religious community started throwing bricks and small stones causing injury to some persons and made attempt to create communal tension and also obstructed officials in discharging of their duties.

Patna High Court Cr.Misc. No.29411 of 2018(2) dt.18-05-2018 2/3 Submission is of false implication and that 200 persons have been made accused in this case out of which 28 are named but there is no specific allegation for committing overt act. The petitioner has got no criminal antecedent and without any fault he is suffering in custody since 27.03.2018. Several other similarly situated co-accused have been allowed bail vide Criminal Miscellaneous No. 28902 of 2018 and further co-accused Akhtar Ali has also been allowed bail vide Cr. Misc. No. 27867 of 2018 by another co-ordinate Bench of this Court and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. fairly submits that other similarly situated co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (T) P.S. Case No. 93 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the

Patna High Court Cr.Misc. No.29411 of 2018(2) dt.18-05-2018 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T