Nurul Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82276 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== 1.

Nurul Imam S/o Late Sheik Sakar @ Late Sheikh Sakur @ Late Sekh Sakur R/o vill - Latiyahi, P.S- Adapur, Dist- East Champaran 2.

Sheikh Badarujamma S/o Sheikh Tahir R/o vill - Latiyahi, P.S- Adapur, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Adapur P.S. Case No. 250 of 2024 instituted for the offence under Sections 191(2), 190, 115(2), 121(1), 121(2), 132, 196, 125(a), 125(b), 351, 111, 299 of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in a nutshell is that petitioners are alleged to have pelted stones during procession of 'Mahavir Jhanda' and they have committed organized crime with an intention to promote enmity between Hindu and Muslim and also obstructed in discharge of public duty.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 09-09-2024. Petitioners

Patna High Court CR. MISC. No.82276 of 2024(2) dt.05-12-2024 2/2 bear no criminal antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. It is submitted that there is no specific allegation attributed to the petitioners, rather allegation is general and omnibus in nature. It is next submitted that injury of the injured police personnel is found to be simple in nature. Petitioners were only the member of the mob.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and clean antecedent of the petitioners, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Adapur P.S. Case No. 250 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T