Sahban Rayeen @ Md. Sahbad Rayeen @ Shahnawaz Rayeen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11166 of 2018 Arising Out of PS.Case No. -758 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sahban Rayeen @ Md. Sahbad Rayeen @ Shahnawaz Rayeen, Son of Suleman Rayeen, resident of Ward No. 23, Bhabua, P.S.- Bhabua, DistrictKaimur at Bhabua. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate. For the Opposite Party/s : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the anticipatory bail application.
The petitioner apprehends his arrest in Bhabua P.S. Case No. 758 of 2017 instituted for the offence under Sections 147, 148, 149, 188, 332, 186, 353, 505, 341, 151, 152, 153A and 295A of the Indian Penal Code.
In the written report filed by Block Development Officer, Bhabua, it is alleged that he received information that at Ekta Chowk, the members of particular community are raising slogan, he along with police personnel reached there. He saw that members of particular community were agitating on account of some articles regarding religious sentiment posted on facebook. The informant has named this
Patna High Court Cr.Misc. No.11166 of 2018 (2) dt.07-03-2018 2/2 petitioner along with 30 other accused persons. From the written report it appears that general and omnibus allegation has been levelled against the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bhabua P.S. Case No. 758 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Kaimur at Bhabua, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.