Patna High Court - Orders
Md. Ismail @ Ismail vs The State Of Bihar on 29 November, 2019
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77725 of 2019
Arising Out of PS. Case No.-3 Year-2015 Thana- POTHIYA District- Kishanganj
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1. Md. Ismail @ Ismail, Male, aged about 72 years, Son of Anwar Ali @
Mnwar Ali
2. Hasid @ Hasimuddin, Male, aged about 65 years, Son of Late Abdul Ali
3. Munna @ Tarique Anwar, Male, aged about 30 years, Son of Mojib @
Mojibur Rahman @ Md.Mojibur Rahman
4. Akhtar, Male, aged about 40 years, Son of Lal
5. Sher Mohammad, Male, aged about 30 years, Son of Karim
6. Safiul, Male, aged about 50 years, Son of Dal Khuwa
7. Pitha Khuwa, Male, aged about 60 yerars, Son of Mutru @ Matiur Rahman
8. Azeem @ Md. Azeem, Male, aged about 42 years, Son of Ismail @ Md.
Ismail
9. Hariya @ Hariya Ram, Male, aged about 60 years, Son of Prem Kumar Ram
10. Sayeed, Male, aged about 45 years, Son of Karim
11. Maqusood, Male, aged about 45 years, Son of Ismail
12. Shadique, Male, aged about 40 years, Son of Sarfuddin
13. Naseem, Male, aged about 40 years, Son of Baharuddin
14. Md. Alauddin, Male, aged about 42 years, Son of Late Sifarat Ali
15. Shamim, Male, aged about 39 years, Son of Alauddin @ Alkauddin (Step
Father) Bilogical Father Raisuddin
16. Shamim Akhtar, Male, aged about 40 years, Son of Md. Ismail, all resident
of Village - Barasuhagi, P.S.- Pothia, Distt.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Firoz Ahmad, Advocate
For the Opposite Party/s : Mr.Ramchandra Singh
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 29-11-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection Patna High Court CR. MISC. No.77725 of 2019(2) dt.29-11-2019 2/4 with Pothia P.S. Case No. 3/15 G.R. No.12/15 registered for the offences punishable under Sections 147, 149, 341, 332, 333, 353, 307 of the Indian Penal Code.
Prosecution case in brief is that informant stated that one Vijay Prasad gave written application to S.H.O. Pothia on 02.01.2015 stating therein he said that dated 02.01.2015 received this information through a rumor today at 18:30 P.M. a Bolero crashed at near Pachgachhi in which many people are injured. He said immediately after informing the S.H.O. about the incident, Ramesh Sharma left for the spot by jeep with driver at 06:45 he reached the spot then he saw a Bolero No.10B74E-3177 crashed at the spot whose four wheels were up and there was no person in the Bolero. He said that an seeing the police, the people there started sabotaging the vehicle. He said that we are incharge of the police station Chhatargachh, now we will take action related to the incident. The attends pushed the vehicle into the pit, and obstructing the work in which Nageshar Chaudhary resident of village Taiyabpur also broke his leg. He said that when I and Ramesh Sharma refusing, Nurul said beat all the police man on hearing this 02. Ismail son of Anwar Ali 03. Samin son of Ismail 04. Sadique son of Sarfuddin 05. Pitha Khuwa 06. Budha both son of Matru 07. Patna High Court CR. MISC. No.77725 of 2019(2) dt.29-11-2019 3/4 Sayed son of Karim 08. Munna son of Mojib 09. Hasib son of Abdul 10. Shekh Mohammad son of Karim 11. Hariya son of Prem Kumar 12. Allauddin son of Siafat all 13. Nasim son of Bahruddin 14. Makhud son of Ismail 15. Kamrul son of Ulfat all
16. Atik son of Kalam 17. Ajim son of Ismail 18. Akhtar son of Lal 19. Samil son of Alauddin 20. Safiual son of Dalkhuna all resident of village Bara Suhadi 21. Iqubal son of Faziruddin resident of Dangi basti all P.S. Pothia, Distt. Kishanganj along with 200 + 300 unidentified men, attacked the police and started hitting them with lathi, danda, kick in the same sequence Ramesh Sharma fell to the ground when they were beating him withLat-Ghusa and for the uniform also the said that when I was pulling the crowd apart, they started beating me till then seeing the police vehicle coming from Pothia P.S. people Ramesh Sharma half dead and run away. He said then I came referred hyospital Chattargachh for treatment with Ramesh Sharma and the driver where. On this basis P.S. Case No.03/15 has been registered against the petitioners and other under Sections 147, 149, 333, 323, 332, 353, 504 I.P.C. and the investigation has begun.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case with ulterior Patna High Court CR. MISC. No.77725 of 2019(2) dt.29-11-2019 4/4 motive. The entire case of prosecution is false, frivolous and concocted. He further submits that the reality is this the villages or the accused or the petitioners had no motive to destroy or damage the vehicle which was lying upside down in the middle of the road causing a road jam. Learned counsel for the petitioners further submits that the petitioners have got no criminal antecedent and charge sheet has been submitted under Sections 323, 332, 333, 353 and 504 of the Indian Penal Code.
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned 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 Sri P.K. Tiwari, Judicial Magistrate, Ist Class, Kishanganj in connection with Pothia P.S. Case No. 3/15 G.R.12/15, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Nasimul/-
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