Patna High Court
Md Mustufa Nadaf @ Bholu @ Md. ... vs The State Of Bihar on 6 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38239 of 2020
Arising Out of PS. Case No.-332 Year-2020 Thana- BAJPATTI District- Sitamarhi
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1. Md. Mustufa Nadaf @ Bholu @ Md. Mustafa Nadaf @ Md. Mustufa, aged
about 52 years, Gender-Male, son of Late Safi Nadaf.
2. Tamanna @ Tamanne Sah @ Md. Tamanna, aged about 31 years, Gender-
Male, son of Md. Sam Diya @ Yusuf Sah.
Both are resident of Village- Muraul @ Moraul, PS- Bajpatti, District-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Dr. Alok Kumar Alok, Advocate
For the State : Mr. Ashok Kumar Singh No. 1, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 06-08-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of
motion slip filed by learned counsel for the petitioners on
03.08.2021, which was allowed.
3. Heard Dr. Alok Kumar Alok, learned counsel for the
petitioners and Mr. Ashok Kumar Singh No. 1, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
4. The petitioners apprehend arrest in connection with
Bajpatti PS Case No. 332 of 2020 dated 16.08.2020, instituted
Patna High Court CR. MISC. No.38239 of 2020 dt.06-08-2021
under Sections 147, 148, 149, 341, 323, 333, 337, 324, 307,
353, 188 of the Indian Penal Code.
5. The allegation against the petitioners, who are
named along with 17 others and 100-150 unknown persons, is
that at the time of immersion of image of God Krishna, they
were quarreling amongst themselves and they had also
organized the same in violation of the COVID 19 guidelines
promulgated by the government and when the informant, who is
a Sub Inspector of Police, arrived with force at the place and
tried to restore peace and order, the accused attacked the force
by brick-bats, lathi, danda and sword and prevented them from
discharging their official duty which also resulted in injuries to
the police personnel in which two accused persons were arrested
at the spot.
6. Learned counsel for the petitioners submitted that
they have been falsely implicated as they were not doing any
overt act and have been named with ulterior motive by the
Chukidaar. It was submitted that even as per the FIR, a large
mob was there and the three police personnel, who have been
injured, have received simple injury. It was submitted that the
petitioners have no other criminal antecedent. Learned counsel
submitted that co-accused Ismail Nadaf @ Md. Ismail, Md.
Patna High Court CR. MISC. No.38239 of 2020 dt.06-08-2021
Anwarul @ Md. Anwar, Md. Kashif @ Kashif Hussain and Md.
Mahboob @ Mahfooj Shafi have been granted anticipatory bail
by a coordinate Bench by order dated 22.06.2021 passed in Cr.
Misc. No. 40722 of 2020 and further that co-accused Vinay
Mahto; Bhushan Kumar; Govind Kumar; Mithu Kumar; Babloo
Chaudhary and Chhathu Mahto @ Chhato Bhagat, have also been
granted anticipatory bail by judgment and order dated 16.07.2021
passed in Cr. Misc. No. 40871 of 2021. Learned counsel submitted
that the petitioners are similarly situated to the aforesaid accused
who have been granted anticipatory bail.
7. Learned APP submitted that the petitioners have
been identified by the Chaukidar and have been named in the
FIR.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in view of
the petitioners having no criminal antecedent and there being a
mob of almost 150 persons and without there being any specific
overt act alleged against any person and the injuries on three
police personnel being simple as also the fact that many similarly
situated co-accused have been granted anticipatory bail, the Court
is inclined to grant pre-arrest bail to the petitioners.
Patna High Court CR. MISC. No.38239 of 2020 dt.06-08-2021
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs. 25,000/-
(twenty five thousand) each with two sureties of the like amount
each to the satisfaction of the learned SDJM Pupri Sitamarhi in
Bajpatti PS Case No. 332 of 2020, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973
and further, (i) that one of the bailors shall be a close relative of
the petitioners, (ii) that the petitioners and the bailors shall execute
bond with regard to good behaviour of the petitioners, and (iii)
that the petitioners shall also give an undertaking to the Court that
they shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms
and conditions of the bonds or the undertaking shall lead to
cancellation of their bail bonds. The petitioners shall cooperate in
the case and be present before the Court on each and every date.
Failure to cooperate or being absent on two consecutive dates,
without sufficient cause, shall also lead to cancellation of their bail
bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioners, to
Patna High Court CR. MISC. No.38239 of 2020 dt.06-08-2021
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioners.
11. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
