Md. Anzar Khan And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.60645 of 2018 (2) dt.08-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60645 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -SIMRI District- DARBHANGA ======================================================
1. Md. Anzar Khan, S/o Md. Husain Khan,
2. Md. Ilyas Khan S/o Md. Idris Khan,
3. Mehtab Khan @ Md. Mehatab Khan,
4. Gaush Khan @ Md. Gaush Khan, Both Sons of Isha Khan,
5. Md. Iftekhar Khan @ Iftekhar Khan S/o Md. Gaffor Khan,
6. Aale Nabi Khan S/o Md. Nasir Khan, All Residents of Vill.- Gaura, P.S.- Simri, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.10.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Simri P. S. case no. 16/2018 registered under sections 147, 148, 149, 151, 153A, 160, 290, 296, 353, 341, 342, 323, 427 and 504 of the IPC.
Petitioners are said to have obstructed a Barat party and created communal nuisance and also damaged vehicle and other articles.
Submission on behalf of the petitioners is that present case was lodged by local chaukidar and brother of
Patna High Court Cr.Misc. No.60645 of 2018 (2) dt.08-10-2018 the present informant lodged Simri P. S. case no. 17/2018 for the same occurrence and in the aforesaid Simri P. S. case no. 17/2018, petitioners have already been granted privilege of anticipatory bail by a coordinate bench of this court vide order dated 6.9.2018 passed in Criminal Appeal (SJ). No. 3073/2018 which is evident from perusal of annexure 2 to this petition.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that no specific overt-act has been attributed against these petitioners, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Simri P. S. case no. 16/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T