Patna High Court – Orders
Hasarat Ali vs The State Of Bihar on 18 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71789 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1. Hasarat Ali S/O Ahmad Miya @ Ahmad Ali R/O Village- Line Bazar, P.S- Mirganj, Distt.- Gopalganj. 2. Masaraf Ali S/O Ahmad Miya @ Ahmad Ali 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. Saurabh Kumar, Advocate For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 18-01-2025
Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehended their arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427 and 298
of the Indian Penal Code and Sections 66(D) of the I.T. Act.
3. As per allegation in the FIR, the informant along
with other police personnel reached at the place of occurrence
and found that 100-125 people of Hindu community and 100-
125 people of Muslim community invariably armed with lathi,
danda and farsa were abusing and pelting stones.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.71789 of 2024(2) dt.18-01-2025
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petitioners have falsely been implicated in this case. He next
submits that similarly situated co-accused persons have already
been granted anticipatory bail by a Co-ordinate Bench of this
Court passed in Cr. Misc. No. 6364 of 2024 and 31081 of 2024.
Petitioners have got clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid facts and circumstances as
well as fact that similarly situated co-accused persons have
already been granted anticipatory bail, let the above named
petitioners be released on anticipatory bail, in the event of their
arrest or surrender before the court below within a period of six
weeks from today, on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned CJM, Gopalganj in connection with
Mirganj P.S. Case No. 297 of 2023, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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