Mallu Khan @ Md. Mallu @ Md. Hasbuddin @ Md. Hasbudin Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58799 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- JALALPUR District- Saran ====================================================== Mallu Khan @ Md. Mallu @ Md. Hasbuddin @ Md. Hasbudin Khan S/O Akhtar Hussain R/O Village- Noornagar, Masjid Tola, P.S- Jalalpur, Distt.- Saran At Chapra.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 504, 506 & 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 17 named accused persons. From the F.I.R., it transpires that on the day of occurrence, the procession of Moharram was going on and during the procession of Moharram, this dispute has arisen due to which injury took place.
4. Counsel for the petitioner submits that upon bare reading of the F.I.R., it become clear that when the Moharram procession was going on then, the dispute has arisen between
Patna High Court CR. MISC. No.58799 of 2023(2) dt.13-09-2023 2/3 the two communities of Sunni and Shia. In this regard, due to intervention of the local people, the negotiation took place, but nothing happened and in retaliation, another criminal case has also been filed.
5. Counsel further submits that the informant's side has filed a case bearing Jalalpur, P.S. Case No. 234 of 2022 whereas the petitioner's side has filed a case bearing Jalalpur P.S. Case No. 243 of 2022. Counsel submits that both the parties are not criminals rather at the spur of moment and during procession of the Moharram, hot discussion took place and the present occurrence is the result of the said procession.
6. Learned APP for the State opposes the prayer for bail, but submits that it is true that the present case is the result of the procession of the Moharram and dispute occurs between the Sunni and Shia communities.
7. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-XIII, Saran at Chapra in connection with
Patna High Court CR. MISC. No.58799 of 2023(2) dt.13-09-2023 3/3 Jalalpur P. S. Case No.234 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) prakashmani/- U T