Md. Imteyaz Ali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70236 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- MOUZAHIDPUR District- Bhagalpur ======================================================
1. Md. Imteyaz Ali, Son of Late Md. Abbas Ali, Resident of Gulabibagh Lane, Sakrulla Chak, Police Station- Mojahidpur, District- Bhagalpur.
2. Md. Fajjan, Son of Late Md. Ramjani, Resident of Lodipur, Police Station- Lodipur, District- Bhagalpur.
3. Manoj Kumar Prasad, Son of Late Shiv Narayan Prasad, Resident of Fort Road, Nath Nagar, Police Station- Nath Nagar, DistrictBhagalpur.
4. Udai Bihari, Son of Late Shivlal Bihari,
5. Ranjan Kumar, Son of Bijoy Bihari, Both are resident of Balti Karkhana, Police Station- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar Sinha For the Opposite Party/s :
Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 152 and 353 of the Indian Penal Code.
It is alleged that the petitioners blocked N.H. 80 from 10.30 A.M. to 05.00 P.M. and it is further alleged that of the requests of the senior police officials, the petitioners did not disperse and obstructed the course of the road. It is submitted by learned counsel for the petitioner that a protest was made by the public at large against the demolition of market
Patna High Court Cr.Misc. No.70236 of 2018(2) dt.07-12-2018 2/2 shop of Baghbari. It is further submitted that the FIR has been lodged against 25 named and 30-35 unknown persons including the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that there is specific accusation against the petitioners.
Considering the fact that the nature of accusation is against the mob coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on 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 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 172 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T