Md. Badud Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43259 of 2018 Arising Out of PS. Case No.-139 Year-2017 Thana- SHAMBHUGANJ District- Banka ======================================================

1. Md. Badud Alam,

2. Md. Mustak @ Mustak

3. Md. Sahid @ Shahid Raza,

4. Md. Nehal

5. Md. Belal @ Md. Belaluddin, All Sons of Abdul Majid,

6. Md. Mangla S/o Md. Manjoor ,

7. Sanjay Das S/o Arun Das, All of Residents of Belari, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Shambhuganj P.S. Case No. 139 of 2017 (G.R. No. 2815 of 2017) registered for offences under sections 147, 148, 149, 153, 153(a), 307, 337, 338, 353, 504 of the Indian Penal Code.

As per prosecution story, on the occasion of Bakrid, the members of two communities entered into communal violence, whereafter, the Informant along with the policy party reached there and controlled the mob. Allegation has been made that both the parties

Patna High Court Cr.Misc. No.43259 of 2018(2) dt.19-07-2018 2/2 were abusing each other and throwing brick and stone which caused injuries to both sides.

Learned counsel for the petitioners submits that save and except general and omnibus allegation, there is no specific allegation against the petitioners.

Looking to the entire facts and circumstances of the case as also there being no direct allegations against the petitioners, let the petitioner, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Sub-Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 139 of 2017 (G.R. No. 2815 of 2017), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T