Ghafoor @ Abdul Gafoor And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19743 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -PALASI District- ARRARIA ======================================================
1. Ghafoor @ Abdul Gafoor Son of Mumtaz Ali,
2. Md. Sharif, Son of Serfuddin,
3. Md. Shamim @ Shamim Akhtar, Son of Serfuddin,
4. Farooque, Son of Sk. Intaz,
5. Serfraz @ Serfraz Alam, Son of Naushad Alam,
6. Md. Kasir, Son of Late Maqubool Hussain,
7. Md. Shabaz @ Shabaz Alam, Son of Naushad Alam,
8. Abdulla @ Abdullah, Son of Afjal Hussain, All are resident of village - Bhattabari, Police Station - Palasi, in the district of Araria.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mrs. Pushpa Sinha-II(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3.
02-06-2016 Heard Sri Akhileshwar Prasad Singh, learned senior counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in relation to Palasi P.S. Case No. 12 of 2016 (G.R. No. 225 of 2016) registered under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 302 of the Indian Penal Code. It appears that in relation to the management of a Madarsa there was a fight among two group of persons. People from both the sides were seriously injured
Patna High Court Cr.Misc. No.19743 of 2016 (3) dt.02-06-2016 2 / 2 and one person died also. So far as these petitioners are concerned, there is no specific allegation of any assault by them. They were members of the mob present in the Madarsa when fight took place. There is a counter case also being Palasi P.S. Case No. 13/2016, from which it appears that some of these petitioners have also been grievously injured of which there is no reference in the earlier case.
Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - IV, Araria, in connection with Palasi P.S. Case No. 12 of 2016 (G.R. No. 225 of 2016), subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T