Md. Mumtaz Raeen And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52661 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Md. Mumtaz Raeen, Son of Md. Nasir Raeen.

2. Md. Khurshid Raeen, Son of Md. Jabbar Raeen.

3. Md. Sahjad Raeen @ Sajjad Raeen, Son of Md. Majid Raeen @ Abdul Majid, null

4. Md. Kallu Raeen, Son of Md. Shakoor Raeen, all resident of VillageGondapur, P.S.- Town (Nawada), District- Nawada. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 353, 188, 283, 337, 427, 435, 153(a) of the Indian Penal Code. The prosecution case, in brief, is that an altercation between two communities took place, which created tense in the area. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. No specific overt act has been attributed against the petitioners.

Patna High Court Cr.Misc. No.52661 of 2018 (2) dt.11-09-2018 General and omnibus allegation has been made against the petitioners. Altogether 37 persons have been named in the FIR along with 1300 unknown persons. The other similarly situated accused persons namely Dilip Kumar @ Lalo and Om Prakash Gupta @ Karu have already been granted anticipatory bail by a coordinate bench of this court vide orders dated 24-07-2018 and 27-07-2018 passed in Cr. Misc. Nos. 42802 of 2018 and 43300 of 2018 respectively.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Town (Nawada) P.S. Case No. 196 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T