Md. Sakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72468 of 2021 Arising Out of PS. Case No.-310 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Md. Sakir Son of Md. Manzoor, 2.

Md. Iqubal Son of Md. Islam, 3.

Md. Waseem Son of Md. Farooque, 4.

Md. Salam @ Md. Kari Son of Md. Ismail, 5.

Md. Taslim Son of Md. Manjoor Alam, 6.

Md. Nishar Son of Md. Taslim, 7.

Md. Iqbal Son of Md. Akhtar, 8.

Md. Mukhtar Son of Moti Miyan, 9.

Md. Iddu Son of Md. Hadis, 10.

Md. Kalam @ Md. Laddu Son of Md. Ismail, 11.

Md. Chhote Son of Md. Ahmad, All are resident of Village - Taralahi, P.S.- Bahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N. A. Shamsi, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Bahadurpur P.S. Case No. 310 of 2021 registered for the offences punishable under Sections 147, 149,

Patna High Court CR. MISC. No.72468 of 2021(2) dt.09-06-2022 2/3 341, 323, 337, 338, 307, 353, 354, 188, 270 and 153(a) of the Indian Penal Code read with Section 67 of I.T. Act. As per prosecution case, co-accused Md. Meraj with some wrong comments had posted the picture of Chandni Kumari on the facebook due to which the disturbance arose between two communities and Pancayatwas held but was not succeeded and both the parties thrown stone on each other causing injury to some of them and the police with great difficulty controlled the situation and lodged the F.I.R. against members of both communities. Petitioners belong to one of the communities.

Learned counsel for the petitioners submits that the petitioners are villagers and their name have been falsely implicated in this case and some of the co-accused persons have been granted anticipatory bail by the learned court below, petitioners have no criminal antecedent. Learned counsel submits that both sides have compromised and living peacefully in the village.

Learned A.P.P. for the State conceded the fact that both the parties have compromised and living peacefully in village.

Considering the aforesaid facts and circumstances that

Patna High Court CR. MISC. No.72468 of 2021(2) dt.09-06-2022 3/3 that both sides have compromised the matter and living peacefully in the village and petitioners have no criminal antecedent and some of the co-accused have been granted anticipatory bail by the learned court below, let the petitioners, above named, in the event of their arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Darbhanga in connection with Bahadurpur P.S. Case No. 310 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

ved/- (Sunil Dutta Mishra, J) U T