Safdul Mian@Safrul@Sadaruland ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10236 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -KUNAULI District- SUPAUL ======================================================
1. Rashid Ahmad
2. Basid Ahmad @ Bashid Ahmad
3. Israr Alam @ Chhottu @ Ishrar Alam, All are sons of Late Irshad Ahmad, Resident of village- Kunauli, P.S. Kunauli, District- Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11958 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -KUNAULI District- SUPAUL ======================================================
1. SAFDUL MIAN@SAFRUL@SADARUL Son of Modwa MIan @ Mahmud Ansari Resident of Village - Kanhauli, P.S.- Kanhauli, District - Supaul
2. Sakila Khatoon Wife of Allaudin Mian Resident of Village - Kanauli, P.S.- Kanauli, District - Supaul
3. Ali Hasan @ Ali Hassan Mian Son of Lte Kaoim Mian Resident of Village - Kanauli, P.S.- Kanauli, District - Supaul
4. Buchchi Devi Wife of lat Laturan Kamat Resident of Village - Kanauli, P.S.- Kanauli, District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.10236 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. H.A.Khan(App) (In Cr.Misc. No.11958 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-04-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case
Patna High Court Cr.Misc. No.10236 of 2015 (2) dt.24-04-2015 2/3 registered for the offences punishable under Sections 147, 148, 149, 323, 332, 333, 307, 436, 427, 504 and 506 of the Indian Penal Code.
It is alleged that under the leadership of petitioner Basid Ahmad, the mob of 400 people entered into the police station premises, broke the furniture and damaged the articles kept in the police station making protest against protecting the criminal who killed one Md. Sultan.
It is submitted by learned counsel for the petitioners that for the similar accusation, Kanauli P.S. Case no. 46 of 2014 was registered at the behest of S.H.O. of Kanauli P.S. and the present FIR for the same incident was registered at the behest of Chaukidar. The accusation is against the mob and considering the same except Basid Ahmad, all the petitioners have been granted bail in other case.
This Court is not inclined to grant anticipatory bail to petitioner Basid Ahmad.
Let the learned court below consider the regular bail of petitioner Basid Ahmad if he surrenders within a period of six weeks.
Considering the accusation against the mob, let the above named petitioners except Basid Ahmad be released on
Patna High Court Cr.Misc. No.10236 of 2015 (2) dt.24-04-2015 3/3 anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur in connection with Kunauli P.S. Case No. 47 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T