Yunus Khan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35412 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -KANHAULI District- SITAMARHI ======================================================

1. Yunus Khan son of Late Alijan Khan

2. Sakur Khan @ Sukur Khan son of late Alijan Khan both are resident of village- Kachor,P.S.- Kanhauli, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,341,323,504,188,153AB,332 and 353 of the Indian Penal Code.

It is alleged that the petitioners along with other accused persons were constructing boundary wall in the government land adjacent to Idgah which was protested by the Management of Upgraded Middle School, which resulted in communal tension. In the aforesaid situation, the

Patna High Court Cr.Misc. No.35412 of 2015 (2) dt.20-08-2015 2/3 construction work was stopped by the Circle Officer, Sonbarsa and the informant being Dafadar was deputed on the place of occurrence. Notice under section 107 Cr.P.C. was served and proceeding under section 144 Cr.P.C. was also promulgated. In the meantime, the petitioner and other accused persons came variously armed, misbehaved with the informant and started construction work and also tried to assault the informant. People of Muslim community came and participated in the construction work.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent and similarly situated accused persons have been granted anticipatory bail vide Cr. Misc. No. 15461 of 2015.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in

Patna High Court Cr.Misc. No.35412 of 2015 (2) dt.20-08-2015 3/3 connection with Kanhauli P.S. Case No. 5 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T