Patna High CourtCR. MISC./53946/2017bail granted

Md. Rehan @ Rehan Ansari v. The State Of Bihar

2017-11-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53946 of 2017 Arising Out of PS.Case No. -442 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Md. Rehan @ Rehan Ansari, son of Md. Taki Imam Ansari, resident of Mohalla Champanagar, P.S. Nath Nagar, District Bhagalpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nathnagar P.S. Case No. 442 of 2017 registered under Sections 153-A (2)/295/120 B of the Indian Penal Code.

As per the prosecution case, statue of Chunni Rakkasi is said to have been damaged by four unknown miscreants in order to spoil the communal harmony and they were identified on the basis of CCTV footage.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case merely on suspicion. Though the petitioner is said to have been identified on the basis of CCTV footage but the photograph has not been brought on record by the I.O. along with the chargesheet.

Patna High Court Cr.Misc. No.53946 of 2017 (02) dt.10-11-2017 2/ 2 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no cogent evidence against the petitioner regarding his complicity in the occurrence. Similarly situated co-accused, namely, Md. Minnat Ansari @ Md. Minnat has been granted bail by a coordinate Bench of this Court in Cr. Misc. No.49916 of 2017 vide order dated 17.10.2017. The petitioner has been languishing in custody since 28.08.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bhagalpur in connection with Nathnagar P.S. Case No.442 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T