Mohammad Akhtar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52410 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Mohammad Akhtar, Son of Mohammad Hanif,

2. Mohammad Majhar Hussain, Son of Mohammad Hanif,

3. Mohammad Ibran, Son of Mohammad Ameen, All are resident of Village- Barona, P.S.- Karza, District- Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 353, 153A, 504, 506, 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that 50-60 persons of two communities forming a mob were claiming their possession over the land of grave-yard which caused communal tension between two communities.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General

Patna High Court Cr.Misc. No.52410 of 2018 (2) dt.10-09-2018 and omnibus allegation has been made against the petitioners. No specific overt act has been alleged against the petitioners. A title suit is also pending in respect of the disputed land in question. The FIR contains 14 named and 60 unknown persons. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (West), Muzaffarpur in connection with Karja P.S. Case No. 120 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T