Shahjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3423 of 2020 Arising Out of PS. Case No.-518 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Shahjad Alam S/o Khursheed Alam, 2.

Dilsher Alam S/o Abbes Mian, Both are resident of Village- Ray Dhurwa, P.S.- Manuapool, DistrictWest Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2020 Heard the parties.

The petitioners seek bail in Bettiah Muffasil (Manuapool) P.S. Case No.518 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 427, 435, 436, 152, 153(a), 295(A), 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Damage to Public Property Act.

As per the prosecution case, during Taziya procession, one of the accused, namely, Ali Akbar threw fire ball, upon which situation became tensed and from both sides pelting of stones and bricks started and on interception of Police party, persons of the procession attacked the police party and damaged

Patna High Court CR. MISC. No.3423 of 2020(2) dt.28-01-2020 2/2 the vehicle. It is alleged that accused persons also caused injury to the constables.

Submission of learned counsel for the petitioner is that the petitioners have been falsely implicated in this case at the instance of inimical persons, having no criminal antecedent and they are in custody since 12.09.2019. Further submission is that there is no specific allegation against the petitioners. It is submitted that in this case, chargesheet has already been submitted against the petitioners, hence there is no chance of tampering with the evidence.

Heard learned Addl. Public Prosecutor.

In view of facts and circumstances, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil(Manuapool) P.S. Case No.518 of 2019. (Vinod Kumar Sinha, J.) nawalkrs/- U T