Md. Munna @ Md. Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77169 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

MD. MUNNA @ MD. AKRAM, aged about 26 years (Male), son of Md. Nazam.

2.

Md. Saheem @ Md. Saheen @ Shamim Ahmad, aged about 38 years (Male), Son of Md. Rabbul Khan.

3.

Md. Enamul @ Anamul, aged about 63 years (Male), Son of Late Md. Gaffor.

4.

Md. Saham @ Sahamuddin, aged about 38 years (Male), Son of Mohiuddin @ Md. Muddi.

5.

Md. Saddam, aged about 38 years (Male), Son of Late Hadis @ Md. Hadish. 6.

Md. Asad @ Md. Ashad, aged about 43 years (Male), son of Late Reyasat Ali.

7.

Md. Shoeb @ Md. Shoeb Raja, aged about 21 years (Male), son of Md. Ashad.

8.

Md. Shahid @ Md. Sahid @ Md. Shahid Sah, aged about 52 years (Male), Son of Late Mustaqueem.

9.

Md. Mazlum Shah @ Mazlum Sah, aged about 69 years (Male), son of Late Zakir.

10.

Md. Nazim Shah @ Nazim Sah, aged about 52 years (Male), Son of Buddu @ Bhuddu.

11.

Shahbaz @ Md. Shahbaz, aged about 32 years (Male), Son of Late Afsar. 12.

Afroz Shah @ Afroz, aged about 24 years (Male), son of Late Razzak Sah. 13.

Md. Pappu @ Sk. Naushad, aged about 39 years (Male), Son of Late Israil. 14.

Badruddin @ Md. Badruddin @ Baddu @ Badiuzzama, aged about 59 years (Male), Son of Late Islam.

15.

Mannan @ Zibraee, aged about 21 years (Male), son of Suleman. 16.

Rajmul @ Md. Rajmul, aged about 31 years (Male), Son of Late Abbas. 17.

Md. Dholai @ Gholta @ Md. Gholta @ Ilyas, aged about 40 years (Male), Son of Late Sajul.

18.

Md. Akram @ Qyam, aged about 47 years (Male), Son of Late Mohiuddin. 19.

Jabbar Sah @ Jabbar Shah, aged about 46 years (Male), Son of Najjo Sah. 20.

Md. Aslam @ Aslam, aged about 36 years (Male), Son of Abbas @ Buddo. 21.

Umar Farooque, aged about 49 years (Male), son of Late Bodhi @ Abdul Ghani.

22.

Md. Puran @ Md. Maneeruddin, aged about 59 years (Male), Son of Late Md. Uddan.

23.

Md. Tufani @ Md. Tufani Sah, aged about 62 years (Male), Son of Zakir

2/4 Sah.

24.

Mister @ Md. Mister, aged about 34 years (Male), Son of Akhtar @ Md. Akhtar.

25.

Tabarak @ Md. Tabarak Hossain, aged about 32 years (Male), Son of Late Reso @ Reyasat.

26.

Ashraque @ Asfaque @ Md. Asfaque Alam, aged about 39 years (Male), Son of Late Md. Gujjo @ Sameed.

27.

Md. Shahjahan @ Md. Shahjahan Alam, aged about 39 years (Male), Son of Razzaque.

28.

Md. Rezwan, aged about 37 years (Male) Son of Late Nazma @ Dhajji @ Nazam.

29.

Md. Sajid aged about 19 years (Male), Son of Late Najma @ Dhajji @ Najam.

30.

Md. Khalid @ Khalid, aged about 23 years (Male), Son of Md. Razzaque. 31.

Md. Nehal, aged about 45 years (Male), Son of Md. Kailu @ Abbas. 32.

Md. Mina @ Md. Minu @ Md. Mukhtar, aged about 34 years (Male), Son of Aijal.

33.

Md. Saghir aged about 62 years (Male), Son of Late Kamal @ Kalfu. 34.

Md. Karun @ Md. Karu @ Md. Tarukh, aged about 26 years (Male), Son of Saghir.

35.

Md. Amir @ Amir Khan, aged about 21 years (Male), Son of Shibu @ Sarwar.

36.

Md. Sulmo @ Suleman, aged about 59 years (Male), Son of Late Tafo. 37.

Md. Naushad, aged about 38 years (Male), Son of Hanno @ Haneef. All resident of Village- Shahidganj, P.S.- Bhawanipur, DistrictPurnea. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Khatim Reza, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

3/4 In this case, the petitioners are seeking anticipatory bail in connection with Bhawanipur P.S. Case No. 195 of 2018, registered for the offence under Sections 147, 148, 149, 341, 323, 342, 327, 379, 307, 387, 427, 337, 504 and 506 of the Indian Penal Code.

It has been alleged that the petitioners and others were carrying the procession of Tajiya and after some time, they went on rampage and damaged the different properties including the Government properties.

Learned counsel for the petitioners submits that F.I.R. has been lodged against 46 persons and 200 unknown persons and the allegations are general and omnibus. Looking to the entire facts and circumstances of the case, let the petitioners, above named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Purnea, in connection with Bhawanipur P.S. Case no.195 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is also subject to the

4/4 condition that if the petitioners are found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail of the petitioners. (Shivaji Pandey, J) pawan/- U T