Md. Shahbaz Alam @ Shahbaz And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53284 of 2017 Arising Out of P.S.Case No.74 Year- 2017 Thana -RAUTA District- PURNIA ======================================================
1. Md. Shahbaz Alam @ Shahbaz,
2. Md. Saddam,
3. Shah Alam,
4. Md. Shahroz alias Sahrroz (Girilwala),
5. Jasim Akhtar alias Dr. Jasim,
6. Firoz,
7. Mohd. Iqbal @ Md. Iqubal,
8. Rahil (Betel Shop; Keeper),
9. Saquib,
10. Khalil Ahmad alias Md. Khalil,
11. Chandan Thakur,
12. Santosh Kumar Das alias Santosh (Betel Shopkeepr),
13. Hasnain (Elder son of Hasib) &
14. Md. Alam (Hasan Computer) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mohammad Sufyan, Advocate For the Opposite Party : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-11-2017 Heard.
2. The petitioners apprehend arrest in connection with Rauta P.S.Case No.74 of 2017 registered for an offence under Sections 147, 149. 341. 342. 323 and 353 of the IPC.
3. The informant of this case happens to be the police officer who in course of investigation of Rauta P.S.Case No.73 of 2017, took away two shop-keepers for interrogation. Thereafter the local people started raising slogan and protest against police. About 100-200 local people allegedly burnt tyre on public road
Patna High Court Cr.Misc. No.53284 of 2017 (3) dt.13-11-2017 2/2 and thereby caused hindrance in trafficking of public.
4. Learned counsel for the petitioners submits that the two persons who were taken by the police were released after obtaining bond by Dy.S.P. The allegation of causing hindrance and burning tyre is omnibus against as many as 200 persons. The petitioners although are named in the FIR but nothing specific has been alleged against them. The petitioners have clean antecedent and so they deserve anticipatory bail.
5. Learned APP opposed the submissions.
6. Considering the omnibus allegation of causing hindrance by as many as 200 people and also the clean antecedent of the petitioners, the prayer for anticipatory bail is allowed. Let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender within six 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 CJM, Purnia in connection with Rauta P.S.Case No.74 of 2017, subject to the conditions as laid down under Sections 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr./- U T