Hasarat Ali vs The State Of Bihar on 18 January, 2025

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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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