Patna High CourtCR. MISC./5145/2018bail granted

Md. Khurshid Alam And ORS v. The State Of Bihar

2018-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5145 of 2018 Arising Out of PS.Case No. -376 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Khurshid Alam, Son of Md. Sharif Alam,

2. Md. Alisher Alam, Son of Khurshid Alam.

3. Md. Mejahid @ Dr Mojahid, son of Kabil Kashim,

4. Md. Afroj @ Md. Froj, son of Md Maslan,

5. Md Gaffar @ Md. Jaffar, Son of Md. Bali Mohmmad.

6. Md Fakre Alam @ Md. Fukre Alam, Son of Md. Rashid.

7. Md. Nadim Arman, Son of Md Mansur.

8. Md. Safruh @ Safrul, Son of Md. Harun,

9. Md. Amin Eqwal @ Md Amir Eqwal, Son of Md. Anwar.

10. Md. Khalid @ Tinku/Tipu, son of Md. Matin.

11. Md. Kitabul, Son of Late Md. Rustam,

12. Md. Dilshad, Son of Md. Balal.

13. Md. Ismile, Son of Md Rabban,

14. Md. Madris @ Md Modarik, Son of Md. Murtaza,

15. Md Alifat @ Md Altaf, Son of Md. Juber

16. Md. Salman, Son of Late Md. Shakil, all Resident of Village- Ninga, P.S Barauni, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.

The petitioners apprehend their arrest in Barauni P.S. Case No.376/17 registered under Sections 188, 153A of the Indian Penal Code.

The gist of the allegation is that petitioners and other were participating in the procession of Muharran. When the mob reached near the house of Ram Pravesh Pandit, some of the

Patna High Court Cr.Misc. No.5145 of 2018 (2) dt.02-02-2018 2/2 members of the mobs damaged the papaya trees of Ram Pravesh. As a result of which altercation started between two communities. The learned counsel for the petitioners submits that no untoward incidence took place and nobody was injured. The petitioners were pacifying mob but the police also named the petitioner. Similarly situated co-accused persons, namely Md. Rizwan and one another were granted anticipatory bail vide order dated 15.01.2018 passed in Cr. Misc. No.1873 of 2018.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S. Case No.376/17, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.