Shams Rabbani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42717 of 2016 ======================================================

1. Shams Rabbani S/o DAud,

2. Abu Saquib @ Juganu @ Jugan S/o Rajiur Rahman &

3. Bittu S/o Md. Rasul.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv. Mr. Shivanand Singh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 234 of 2016 registered under Sections-326, 307, 379 & other minor sections of the Indian Penal Code and Bihar Medical Service Institution and Persons Protection (Amendment) Act.

Petitioners are named in the first information report with allegation that they along with several others, having entered into the hospital, ransacked the properties of the hospital and, also assaulted doctors and others.

Submission on behalf of petitioners is that petitioners have been made accused in this case on mere suspicion and, moreover, no specific overt act has been attributed against

Patna High Court Cr.Misc. No.42717 of 2016 (3) dt.20-12-2016 2/2 them. It is further submitted that as a matter of fact, the local people became furious due to careless behaviour of the said hospital and even if, it assumed that petitioners were present on the place of occurrence, then also, it cannot be said that they had also participated in ransacking the properties of the hospital. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Jokihat P.S. Case No. 234 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Araria subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T