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Patna High CourtCR. MISC./22451/2015bail granted

Wahid @ Md. Wahid And ORS v. The State Of Bihar

2015-07-07Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28819 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -RANIGANJ District- ARRARIA ======================================================

1. Bechan

2. Gunjan @ Shamsad

3. Md. Nasim @ Nasim

4. Arif

5. Rajjak @ Abdul Rajjak @ Md. Rajjaque.

6. Kafil

7. Munna @ Moeen.

8. Manjoor .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26888 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -RANIGANJ District- ARRARIA ====================================================== Kamruzzma @ Mufti Qamar Ashraf.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22451 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -RANIGANJ District- ARRARIA ======================================================

1. Wahid @ Md. Wahid .

2. Md. Shmim @ Shamim

3. Afroz @ Md. Afroj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.28819 of 2015) For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Gajendra Prasad Yadav (App) (In Cr.Misc. No.26888 of 2015) For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. S.D.Singh Yadav(App) (In Cr.Misc. No.22451 of 2015)

Patna High Court Cr.Misc. No.28819 of 2015 (2) dt.07-07-2015 2/3 For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 225, 337, 338, 332, 333, 188, 353, 379, 427, 307/511, 171"C"(F) and 120B of the Indian Penal Code. It is alleged that during the PACCS election, the informant was deputed as Magistrate for conducting peaceful election but 4-5 persons started mounting pressure for casting bogus votes in favour of one of the contesting candidates Md. Khalique Laddu and on objection being raised, some of the accused pore ink in the ballet box when one Md. Norej was caught when 2-3 persons came and tried to get Md. Norej released on the basis of statement of Md. Norej, 26 persons were named in the FIR.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the mob and except the statement of Norej, no substantial evidence was collected against the petitioner. Statement has been made in para 3 of each petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.28819 of 2015 (2) dt.07-07-2015 3/3 petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Raniganj P.S. Case No. C.R. 260 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T