Salim Ansari @ Salam Mian And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.4625 of 2017 (3) dt.17-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4625 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Salim Ansari @ Salam Mian, S/o- Rasid Ansari.
2. Aftab Mian @ Aftab Ansari @ Aftab Alam, S/o- Ayub Ansari.
3. Sahid Afridi, S/o- Md. Sabir.
4. Md. Neyaz @ Md. Nezam Ansari, S/o- Rasid Ansari.
5. Md. Rizwan @ Md. Reyaz, S/o- Mahmood Alam.
6. Abdul Kadir, S/o- Rasid Ansari.
All are Resident of Village- Amir Khan Tola, P.S.- Sugauli, District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anshuman Singh, Advocate Mr. Ramakant Yadav For the Opposite Party/s : Mr. Madhura Nand Jha, APP-102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners no. 1, 3 to 6 seek bail in connection with Sugauli P.S. Case No. 218 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 353, 1898, 295(A), 504, 506 of the Indian Penal Code and Sections 3 / 4 of Explosive Substance Act. Allegedly, there was scuffle between the two communities at the time of Durga Puja for emersion of idol of Goddess Durga. During said scuffle the miscreants attacked on the Media persons and Police personnel and about 500 persons were in attacking mood, out of them 31 persons were arrested including the petitioners. Submission is that the Police lodged the cases against the
Patna High Court Cr.Misc. No.4625 of 2017 (3) dt.17-03-2017 members of both the communities, now there is peace in the society, the petitioners have got clean antecedent and as such they deserve sympathetic consideration as other similarly situated co-accused have been allowed bail by the different Benches of this Court and co-accused Jahruddin has been allowed bail by this Court. Learned APP fairly submits that other similarly situated coaccused have been allowed bail. In the facts and circumstances stated above, the petitioners no. 1, 3 to 6 are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No.
218 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T