Allowed¶20

Md Mokhtar @ Md Mukhtar v. The State of Bihar

Patna HC7 Feb 2024CR. MISC./5134/2024

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.5134 of 2024; decided 07-02-2024; Sunil Kumar Panwar, J; regular bail granted; Ballia P.S. Case No. 301 of 2023, Thana Baliya, District Begusarai; Durga Puja idol procession riot; 79 named and 200 unknown accused; IPC ss.147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153(A), 295(A), 505(B), 505(C), 120(B), 379; Section 9 Loud Speaker Act; custody since 28.10.2023; bail bond Rs.10,000/- with two like sureties; CJM Begusarai; parity order dt.16.1.2024 in Cr. Misc. No. 762 of 2024.

What did the court decide?

All four petitioners directed to be released on bail in Ballia P.S. Case No. 301 of 2023 on bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Begusarai. ¶20

Md Mokhtar @ Md Mukhtar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the four petitioners, charge-sheeted/implicated in Ballia P.S. Case No. 301 of 2023 (riot during Durga Puja idol procession; offences under numerous IPC sections and Section 9 of the Loud Speaker Act), should be enlarged on regular bail.

¶15

Court's answer

Having heard counsel and considering the facts and circumstances of the case and the custody of the petitioners, the Court was inclined to enlarge all the petitioners on bail in connection with Ballia P.S. Case No. 301 of 2023.

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Ratio / Principle

The petitioners are to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

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Detailed headnote1 paragraphs

Bail — Granted. Petitioners (Md Mokhtar @ Md Mukhtar, Md. Shahrukh @ Md. Shahruk @ Soni, Md. Riyazul @ Gurhabe @ Gurho and Md. Mahboob Alam @ Md. Mahbub Alam), implicated in Ballia P.S. Case No. 301 of 2023, Begusarai, arising out of a riot during a Durga Puja idol procession involving 79 named and 200 unknown miscreants, and booked under sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153(A), 295(A), 505(B), 505(C), 120(B), 379 IPC and Section 9 of the Loud Speaker Act, were in judicial custody since 28.10.2023. Considering the facts, circumstances and period of custody, the High Court of Judicature at Patna (Sunil Kumar Panwar, J) on 07-02-2024 enlarged all the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai. Counsel's reliance on a co-accused parity order dated 16.1.2024 in Cr. Misc. No. 762 of 2024 is noted as a submission, not adopted expressly as the ground of the Court's decision.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5134 of 2024

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Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai

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======================================================

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Md Mokhtar @ Md Mukhtar S/O Late Md. Ismail @ Md. Ismail VillageSaidan Chak, Chhoti Ballia, Ward No. 3, Ps. Ballia, Dist. Begusarai.

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Md. Shahrukh @ Md. Shahruk @ Soni S/O Md. Riyazul @ Gurhabe @ Gurho Village- Misikar Tola, Chhoti Ballia, Ps. Ballia, Dist. Begusarai.

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Md. Riyazul @ Gurhabe @ Gurho S/O Late Md. Sahadat @ Late Md. Shahadat Village- Misikar Tola, Chhoti Ballia, Ps. Ballia, Dist. Begusarai.

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Md. Mahboob Alam @ Md. Mahbub Alam S/O Late Md. Mokhtar @ Md. Mokhtar Village- Chak Makhan Tola, (Chak Makan Tola), Chhoti Ballia, Ps. Ballia, Dist. Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kr Gautam For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 07-02-2024 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153(A), 295(A), 505(B), 505(C), 120(B), 379 of the Indian Penal Code and Section 9 of the Loud Speaker Act.

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Prosecution case in short, is that, during Durga Puja at the time of idol procession, total 79 named and 200 unknown miscreants started riot due to that law and order got disturbed.

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Patna High Court CR. MISC. No.5134 of 2024(2) dt.07-02-2024 2/2

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Learned counsel for the petitioners submits that petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to local politics. Nothing specific allegation has been levelled against the petitioners. General and omnibus allegations have been levelled against the petitioners. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 16.1.2024 passed in Cr. Misc. No. 762 of 2024. Moreover, they are languishing in judicial custody since 28.10.2023.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ballia P.S. Case No. 301 of 2023 on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

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(Sunil Kumar Panwar, J)

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sushma/-

Md Mokhtar @ Md Mukhtar v. The State of Bihar

Case brief

What is this about?

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Md Mokhtar @ Md Mukhtar v. The State of Bihar

Case brief

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What the court decided

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