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Patna High CourtCR. MISC./28902/2018bail granted

Jamal Ahmad And ORS v. The State Of Bihar

2018-05-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28902 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Jamal Ahmad, son of Nesar Ahmad

2. Hasnain Ali, son of Abdul Hakim

3. Md. Muzaffar Jawed, son of Jawed Ahmad, all resident of Mohalla Nawadih Chowk, PS & District Aurangabad

4. Md. Qyamuddin Khan, son of Amruddin, resident of Mohalla Idgah Nawadih, Aurangabad, Ward No. 12 PS & District Aurangabad

5. Md. Sohrab @ Addu, son of Zeenat Hussain

6. Md. Yunus, son of Late Hamid Shah, resiedent of Mohalla Nawadih Talab, Ward No. 22 PS & District Aurangabad

7. Md. Rustam, son of Zeenat Hussain, resident of Mohalla Nawadih Road near Teli gali, PS & District Aurangabad

8. Nesar Khan, son of Izhar Khan

9. Md. Raja alias Aurangzeb Khan, son of Qyamuddin Khan

10. Shahbaj Alam, son of Late Maqsood Alam

11. Md. Mumtaz Ahmad @ Babu, son of Zeenat Hussain

12. Md. Shamim, son of Nayeem

13. Md. Rustam, son of Abdul Hafiz

14. Md. Jasimuddin, son of Md. Nezamuddin, all resident of Mohalla Nawadih Chowk, PS & District Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-05-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody since 27.3.2018, seek bail in Aurangabad Town PS Case No. 93 of 2018 registered under Sections 147, 148, 149, 504, 337, 427, 307, 160, 295A and 353 of the IPC. The allegation in brief is that on the occasion of Ram Naumi festival procession was moving through the town and while passing through a particular area members belonging to another religious community starting throwing brick bats causing injury to some persons and made attempt to create communal tension and also

Patna High Court Cr.Misc. No.28902 of 2018 (2) dt.09-05-2018 obstructed officials in discharge of their duties. Learned Counsel for the petitioners submits two hundred persons have been made accused in this case but no specific overt act is alleged, moreover injury was not caused to anyone, the petitioners have no criminal antecedent. It is also submitted that four-five cases were lodged relating to communal tension and in other cases many co-accused have been admitted to bail by this Court. Having considered the said facts and circumstances, the petitioners, namely, Jamal Ahmad, Hasnain Ali, Md. Muzaffar Jawed, Md. Qyamuddin Khan, Md. Sohrab @ Addu, Md. Yunus, Md. Rustam, Nesar Khan, Md. Raja @ Aurangzeb Khan, Shahbaj Alam, Md. Mumtaz Ahmad @ Babu, Md. Shamim, Md. Rustam and Md. Jasimuddin are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Aurangabad in connection with Aurangabad Town PS Case No. 93 of 2018.

(Arun Kumar, J) Snkumar/- U T