Shankar Mistry And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20665 of 2015 Arising out of PS.Case No. -119 Year- 2014 Thana -HALSI District- LAKHISARAI ======================================================

1. Shankar Mistry, Son of Karu Mistry.

2. Dhuri Paswan, Son of Jagdishpaswan. Both residents of VillageBamuwara, P.S Halsi, District- Lakhisarai. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.22820 of 2015 Arising out of PS.Case No. -119 Year- 2014 Thana -HALSI District- LAKHISARAI ======================================================

1. Md. Idrish Mian, S/o Late Hamid.

2. Md. Fakru, S/o Md. Matin.

3. Md. Bholu, S/o Md. Munnu Mian.

4. Md. Sonu, S/o Md. Gyas Ansari.

5. Md. Saukat, S/o Isrial Mian

6. Md. Guddu Mian @ Md. Guddu, S/o Md. Sammat Mian.

7. Md. Siraj Ansari @ Md. Seraj, S/o Late Natho Ansari.

8. Md. Samsul @ Md. Samsul Ansari, S/o Md. Gaffar Ansari

9. Md. Osi, S/o Late Matin Mian. All of resident of Village- Bamuara, P.S. Halsi, District- Lakhisarai.

.... .... Petitioners

Versus

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

(In Cr.Misc. No.20665 of 2015) For the Petitioners : Mr. Rabi Bhushan, Advocate. For the Opposite Party : Mr. Mustaque Alam(App) (In Cr.Misc. No.22820 of 2015) For the Petitioners : Mr. Parmanand Pd. Nr. Sahi, Advocate.

For the Opposite Party : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Since both the cases arise out of the same Halsi P.S.

Patna High Court Cr.Misc. No.20665 of 2015 (2) dt.02-07-2015 Case No. 119 of 2014, hence, a common order is being passed in both the cases.

The petitioners are apprehending their arrest in connection with Halsi P.S. Case No. 119 of 2014 for the offences instituted under Sections 147, 148, 153, 153(A), 298, 353, 504 and 506 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that there was tension in between two communities due to Kurwani of animal(cow). The informant has alleged in the F.I.R. that there is apprehension of unpleasant incident in between the parties. There is tension in between the parties. The accused-petitioners and others being the Hindu communities were involved in this incident. The accusedpetitioners also abused the Muslim communities. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that no specific allegation has been made against the petitioners. Further it is submitted that other accused persons similarly situated have been granted bail vide Annexure-2. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.20665 of 2015 (2) dt.02-07-2015 Considering the same, the petitioners above named are directed to be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Halsi P.S. Case No. 119 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T