Md. Shabbir v. The State Of Bihar

Patna High Court Cr.Misc. No.7052 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7052 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Md. Shabbir, son of Md. Mahfuj, resident of village - Sagardira, P.S. - Bihariganj, District - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bihariganj P.S. Case No. 172 of 2016, registered under Sections 147, 148, 149, 341, 323, 327, 337, 427, 353, 295 and 295(A) of the Indian Penal Code.

The accusation is that mob of 250 to 300 people were indulged in violating law and order during procession of Moharam (Tajiya). At that time, 12 persons including the petitioner were identified.

Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. but no specific overt act has been attributed against him. It is further submitted that similarly

Patna High Court Cr.Misc. No.7052 of 2017 (2) dt.09-03-2017 situated co-accused, Md. Sahid Hussain @ Md. Sajit Hussain and two others have already been granted privilege of bail by this Court vide order dated 16.12.2016 passed in Criminal Misc. No. 53432 of 2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Calss, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 172 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T