IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7873 of 2025 Arising Out of PS. Case No.-250 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== 1. Md. Muslim S/o Shekh Sagir Ahmad @ Late Shekh Sagir R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 2. Kamrul Hoda @ Sheikh Kamru Hoda S/o Shekh Ahamad @ Late Sheikh Satha R/o - ward No 12, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 3. Md. Motiullah @ Motiullah S/o Sekh Mobarak R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 4. Kaushar Alam @ Kaishar Alam S/o Late Shekh Noor Mohammad @ Late Noor Mohammad R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 5. Md. Quasim @ Quasim Miya S/o Shekh Sagir Ahmad @ Late Shekh Sagir @ Late Shekh Sagri R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 6. Shek Dahadi S/o Shekh Noor Mohammad @ Late Noor Mohammad R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 7. Shekh Bhola S/o Shekh Habib R/o - ward No 10, Lathiyahi, Anahara, PS- Adapur, Distt.- East Champaran 8. Abulaish @ Abu Kaishar S/o Shekh Habib @ Late Habib R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 9. Md. Zikrullah S/o Shekh Gafar @ Late Gaffar R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 10. Noorul Hoda S/o Shekh Mohammad Hussain @ Late Sheikh Satha R/o - ward No 11, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 11. Tarik Anwar @ Tarikh Anwar S/o Badru Jama @ Late Badru Jama R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 12. Atiullah Miyan @ Atiullah S/o Lalmahammad Miyan R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 13. Mobarak Miyan S/o Manzur Miyan R/o - Lathiyahi, Post- Andhara, Ramgharwa, Distt.- East Champaran 14. Mustak Ahmad @ Mustak @ Mushtaq S/o Shekh Abdullah R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 15. Shahid Hussain @ Shabir Hussain @ Sahid Hussain @ Shabir @ Late Sheikh Ayub S/o Abdul Shamid R/o - ward No 10, Lathiyahi, Anahara, PS- Adapur, Distt.- East Champaran 16. Shekh Israil @ Md. Israil S/o Shekh Manir R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 17. Shekh Shamshad S/o Shekh Atiullah @ Late Atiullah @ Late Shekh Atiullah R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran 18. Abdul Kalam @ Sheikh Kalam S/o Shekh Jaduraddin @ Late Zahruddin R/o - ward No 12, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran Patna High Court CR. MISC. No.7873 of 2025(2) dt.14-02-2025 2/4 19. Md. Alam @ Saulat S/o Shekh Nurul Imam R/o - ward No 10, Lathiyahi, Anahara, PS-Adapur, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 14-02-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend arrest in connection with Adapur P.S. Case No. 250 of 2024, registered under Sections 191(2), 190, 115(2), 121(1), 121(2), 132, 196, 125(a), 125(b), 351, 111 and 299 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that, petitioners are alleged to have pelted stones during procession of ‘Mahavir Jhanda’ and they have committed organized crime with an intention to promote enmity between Hindu and Muslim and also obstructed in discharge of public duty. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that the petitioner nos. 2 and 17 are not named in the FIR. Name Patna High Court CR. MISC. No.7873 of 2025(2) dt.14-02-2025 3/4 of the petitioner nos. 2 and 17 have transpired in this case during course of investigation. The allegations levelled against the petitioners are general and omnibus in nature. No specific allegation has been attributed against these petitioners. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 04.02.2025 passed in Cr. Misc. No. 7442 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioner nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19 are named in the FIR and it is also alleged that these petitioners along with others with a view to disturb social harmony and attempt to incite communal riots, started throwing bricks and stone on the Mahavir Flag Procession, due to which some police personnel and some people of procession sustained injury. Hence, petitioner nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19 does not deserve the privilege of anticipatory bail. 6. Having considered the rival submissions made on behalf of the parties, taking into account the specific allegation against petitioner nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, Patna High Court CR. MISC. No.7873 of 2025(2) dt.14-02-2025 4/4 16, 18 and 19, this Court is not inclined to grant anticipatory bail to petitioner nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19. So far as remaining petitioners, i.e. petitioner nos. 2 and 17 are concerned, this Court is inclined to grant anticipatory bail to petitioner nos. 2 and 17. 7. Accordingly, the prayer for grant of anticipatory bail to petitioner nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19, is hereby, rejected. 8. So far as petitioner no. 2, namely, Kamrul Hoda and petitioner no. 17, namely, Shekh Shamshad are concerned, let the petitioners (i.e. petitioner nos. 2 and 17), above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Adapur P.S. Case No. 250 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T