Md. Arif @ Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69924 of 2022 Arising Out of PS. Case No.-178 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== 1.

MD. ARIF @ ARIF Son of Md. Jahur Resident of Village - Sukhae Basa, Police Station - Beldour, District - Khagaria 2.

Md. Shamsher Alam @ Md. Shamsher Son of Md. Bhochan @ Ajeen @ Md. Ameen Resident of Village - Sukhae Basa, Police Station - Beldour, District - Khagaria 3.

Md. Sarful @ Md. Samful @ Md. Shafuran Son of Md. Bhochan @ Ajeen @ Md. Ameen Resident of Village - Sukhae Basa, Police Station - Beldour, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 324, 333, 332, 353/34 of the Indian Penal Code.

As per allegation in the FIR, when police party proceeded towards the house of Md. Banti, accused in Mahila P.S. Case No. 23 of 2021 for the purpose of attachment of his property, 25 named accused along with 150 unknown miscreants created hindrance to the police officials while they are discharging their duties by throwing chilly powder upon them. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.69924 of 2022(2) dt.24-03-2023 2/2 has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. Specific allegation of throwing chilli powder into the eye of A.S.I. Gautam Kumar is against Aisha Khatoon and not against these petitioners. They are only the member of the mob. Petitioners are languishing in judicial custody since 1.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Beldour P.S. Case No. 178 of 2022. (Sunil Kumar Panwar, J) sushma/- U