Md. Fahimuddin @ Md. Fahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11826 of 2021 Arising Out of PS. Case No.-1042 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

MD. FAHIMUDDIN @ MD. FAHIM Son of Late Azimuddin @ Late Azimuddin Ansari Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada 2.

Md. Jawed Ansari Son of Marhum Kari Ansari Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada 3.

Rahmu Ansari @ Rahim Miyan Son of Marhum Kari Ansari Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada 4.

Md. Ahsan @ Md. Ahsan Ansari Son of Quim Ansari Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada 5.

Md. Irfan Alam @ Md. Arfan @ Arfan Alam Son of Quim Ansari Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada 6.

Imtiyaz Alam @ Bacchu Minyan @ Md. Imtiyaz Son of Marhum Nanhu Miyan Resident of Village - Bari Galni, P.S.- Pakribrawan, District - Nawada ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-06-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1042 of 2017 registered for the

Patna High Court CR. MISC. No.11826 of 2021(3) dt.20-06-2022 2/3 offences punishable under Sections 147, 148, 149, 323, 153 (A), 295, 295 (A), 298 of the Indian Penal Code but cognizance taken under sections 153 (A), 295(A) of the Indian Penal Code. Geeta Devi is the complainant of this case, as per allegation, in the early morning of 03.09.2017, when she woke up and opened her door for feeding cattle, she saw the accused persons including the petitioners were throwing waste material and beef at her door with an intention to spread religious riot. Learned counsel for the petitioners has submitted that the entire allegation is false. The petitioners are the persons of clean antecedents and some police personnel have also been arrayed as accused in this case.

On the other hand, learned Addl.P.P., Shri Shailendra Kumar, has submitted that cognizance has been taken in this case under section 153 (A) of the I.P.C. on 21.02.2018. Considering the facts and circumstances also considering the fact that the petitioners are the persons of clean antecedents and there is no specific allegation against the petitioners to assault any person of the complainant side, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

Patna High Court CR. MISC. No.11826 of 2021(3) dt.20-06-2022 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate IInd Class, Nawada in connection with Complaint Case No. 1042 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T