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Patna High CourtCR. MISC./73037/2024allowed

Dablu @ Md. Mojamil v. The State Of Bihar

2024-10-23Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73037 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.

Dablu @ Md. Mojamil, S/o Mr. Shaukat @ Shaukat Miyan, R/o VillageSangthu, P.S- Jamui, District- Jamui. 2.

Tinku @ Abdul Kaider S/o Mr. Iliyas R/o Village- Sangthu, P.S- Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar Verma, Sr. Advocate Mr. Rohan Verma, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jamui P.S. Case No.44 of 2024 instituted under Sections 147, 148, 149, 341, 323, 353, 153A, 307, 504, 337, 338, 427 & 506 of the Indian Penal Code.

3. As per the prosecution case, on the eve of

Patna High Court CR. MISC. No.73037 of 2024(2) dt.23-10-2024 2/3 consecration of Lord Sri Ram, the informant got an information that outside the house of one Haider Miya, DJ & music system of Hindu community has been broken by Muslim community and, thereafter, people from both community clash together and they also started pelting stones at each other in which two persons from Hindu community got injured.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The injuries on the injured are simple in nature. Both parties have compromised and living peacefully. Petitioner no.2 has no criminal antecedent whereas petitioner no.1 has one criminal antecedent which is pending against him vide Jamui P.S. Case No.31 of 2022. Petitioners undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.73037 of 2024(2) dt.23-10-2024 3/3 learned Chief Judicial Magistrate, Jamui / Concerned Trial Court in connection with Jamui P.S. Case No.44 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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