Sah Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78842 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
Sah Alam Son Of Subhan Miya Resident Of Village - Line Bazar, Police Station - Mirganj, District - Gopalganj 2.
Mumtaz Ali Son Of Subhan Miya Resident Of Village - Line Bazar, Police Station - Mirganj, District - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amir Alam For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427, 298 of the Indian Penal Code and Section 66(D) of I.T. Act. Allegation against the petitioners along with other co-accused persons is to have spoiled the communal harmony in the wake of Instagram video. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.78842 of 2023(2) dt.13-12-2023 2/3 petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. They have no concern with the alleged occurrence and their name sprang up in this case on the disclosure of local chowkidar. It is also submitted that petitioners are languishing in judicial custody since 03.08.2023. Similarly situated co-accused, namely, Murat Sah @ Murat Kumar has been granted bail vide order dated 07.12.2023, passed in Cr. Misc. No. 78759 of 2023 by this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 in connection with Mirganj P.S. Case No. 297 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.78842 of 2023(2) dt.13-12-2023 3/3 ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj.
(Sunil Kumar Panwar, J) Nirajkrs/- U T