Moiz Alam @ Ola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61825 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== 1.

Moiz Alam @ Ola S/O Mr Mulla Quraishi R/O Village- Amjharsharif, Ps. Haspura, Dist. Aurangabad 2.

Badruddin Quraishi @ Bablu S/O Mr. Moin Qurashi R/O VillageAmjharsharif, Ps. Haspura, Dist. Aurangabad 3.

Pravez Alam @ Md Pravez Alam S/O Mobin Quraishi R/O VillageAmjharsharif, Ps. Haspura, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 153A, 295, 295A, 34 of the Indian Penal Code.

As per prosecution case, the allegation against unknown persons is that they scattered many pieces of flesh meat in a goddess temple which is weighing about 200 grams. It is further alleged that 100-100 grams flesh meat was also recovered from another two temples and it was done to create communal disharmony in communities.

Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.61825 of 2023(2) dt.15-09-2023 2/2 petitioners are innocent and have committed no offence. There is litigating terms between Ansari community and Quraishi Community and during investigation co-accused persons confessed name of these petitioners due to which they have falsely been implicated in this case. The petitioners are not named in the FIR, except suspicion and confessional statement of co-accused no consistent evidence has come out against the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 22.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Haspura P.S. Case No. 194 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T