Shakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83427 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Shakir Hussain Son Of Mojar Miya R/O Village- Line Bazar, P.S.- Mirganj, Distt.- Gopalganj 2.

Irfan Ali Son Of Shakir Miya R/O Village- Line Bazar, P.S.- Mirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Sager Sharma For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Mirganj P.S. Case No. 297 of 2023 registered under sections 147, 148, 149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427 and 298 of the Indian Penal Code and Section 66(D) of the I.T. Act.

Allegation against the petitioners along with other coaccused persons is to have spoiled the communal harmony in the wake of Instagram Video.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They

Patna High Court CR. MISC. No.83427 of 2023(2) dt.04-01-2024 2/2 have falsely been implicated in this case merely on suspicion. They have no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 13.12.2023 in Cr. Misc. No. 78842 of 2023. Moreover, the petitioners are languishing in judicial custody since 03.08.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the 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 each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj.

(Sunil Kumar Panwar, J) shubham/- U T