Khalil @ Khalil Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81501 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

KHALIL @ KHALIL AHMED Son of Late Noor Mohammad Resident of Mohalla - Nawadih, P.S.- Aurangabad Town, District - Aurangabad. 2.

Jamil @ Jalil @ Jalil Ahmed Son of Late Noor Mohammad Resident of Mohalla - Nawadih, P.S.- Aurangabad Town, 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.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Aurangabad Town P.S. Case No. 98 of 2018 registered for the offence punishable under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 295(A), 153(A), 379 and 120(B) of the Indian Penal Code.

The allegation is regarding altercation having taken place in between the members of the two communities resulting in both the sides pelting stones on each other and setting shops on fire.

The learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.81501 of 2019(2) dt.11-12-2019 2/2 present case arises out of case and a counter case and a mob belonging to members of two community had some altercation with each other on account of some local issues, however, as far as the petitioners are concerned, there is no allegation of them having indulged in any sort of overt act. It is further submitted that similarly situated co-accused persons have already been granted bail by a coordinate Benches of this Court. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Aurangbad Town P.S. Case No. 98 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.