Petitioners convicted under Sections 147, 148, 149, 341, 323, 324, 307, 379, and 153A IPC, released on bail upon furnishing bail bonds: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 33421 Arising Out of PS Case No. 66 Year 2020 Thana KONCH District Gaya Shamshuddin Miya @ Samsu Mian @ Md. Shamshuddin aged about 50 years Male Son of Late Elahi Mian. 2. Md. Moin Mian aged about 67 years Male Son of Late Elahi Mian Tabrez Alam @ Md. Tabrez aged about 20 years Male Son of Ali Imam 4. Md. Parvez aged about 20 years Male Son of Ali Imam 5. Md. Suraj Mian @ Suraj Raj aged about 20 years Male Son of Naim Mian All Resident of Village Amwan PS Konch District Gaya The State of Bihar ... Petitioner s For the Petitioner s For the State Mr. Surendra Kumar Singh Advocate Mr. Md. Arif APP ... Opposite Party s CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01 07 2021 The matter has been heard via video conferencing. 2. On 25.05.2021 the application on behalf of petitioners no. 3 4 and 5 namely Tabrez Alam @ Md. Tabrez Md. Parvez and Md. Suraj Mian @ Suraj Raj was withdrawn and thus restricted to petitioners no. 1 and 2 namely Shamshuddin Miya @ Samsu Mian @ Md. Shamshuddin and Md. Moin Mian 3. Heard Mr. Surendra Kumar Singh learned counsel for the petitioners no. 1 and 2 and Mr. Md. Arif learned Additional Public Prosecutoreach with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Chief Judicial Magistrate Gaya in Konch PS Case No. 66 of 2020 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioners no. 1 and 2 that they shall co operate with the Patna High Court CR. MISC. No.33421 dt.01 07 2021 police prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners no 1 and 2 to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners no. 1 and 2 10. The petition stands disposed off in the (Ahsanuddin Amanullah J

Summary: The petitioners were arrested  in connection with the Konch PS case no.66 of 2020 under section 147IPC, “Punishment for rioting, Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” section 148, “Rioting, armed with a deadly weapon.” section 149, “Every member of unlawful assembly guilty of offense commit­ted in the prosecution of a common object”, section 341, “Punishment for wrongful restraint”, section 323, “ Punishment for voluntarily causing hurt”, section 324, “Voluntarily causing hurt by dangerous weapons or means”, section 307, “Attempt to murder” section 379, “Punishment for theft.” Section 153A IPC, “Promoting enmity between different groups “ This judgment was given in the high court of Judicature at Patna on the 1ST of July 2021 by the Hon’ble Mr. Justice Ahsanuddin Amanullah in the case of Shamshuddin Miya and others v/s the state of Bihar criminal Miscellaneous No. 3340 of 2021, Mr. Surendra Kumar Singh represented as the advocate for the petitioner and Mr. Arif for the state of Bihar. The proceedings of the court were held through video conferencing due to the covid-19 pandemic. The following are the facts of the case, the petitioners were accused during a cultural program that is on the eve of Holi that petitioner No.1 attacked the informant with a rod causing him injuries, and the other petitioners were accused of being armed with garasa, spear, gun, iron rod, and sword and also committed assault which resulted in the injury of five more people they have also been accused of snatching gold chain necklace from the neck of the informant. However the counsel for the petitioner submitted that the reason for the dispute was regarding some fight between the children, the counsel held that injuries were sustained on both sides and they were superficial in nature, he also submitted to the court copies of the injury reports as evidence and future conceded that the dispute has been settled between the two parties and there is peace and claimed that the petitioners have no criminal antecedent and held that the dispute was only a minor misunderstanding. However, the additional public prosecutor held there has been an allegation of assault causing injury, and also regarding the injury reports brought on record it transpires the same is simple in nature. The court held that petitionerNo.1 and No.2 will be released on bail by furnishing bail bonds of Rs. 25,000 each with two sureties each amount to the satisfaction of the additional chief judicial magistrate and subject to the conditions laid down in section 438(2) of Cr.P.C. 1973 and further(i) One of the bailors must be a close relative of the petitioners (ii) the bailors and petitioners must execute the bond and give an undertaking with regard to the good behavior of the petitioners and (iii) they are required to co-operate with the police and court.