IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75061 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1. Md. Parvej Alam Son of Md. Halim Resident of Village- Damaria, P.O.- Anisabad, P.S-. Gardanibagh, District- Patna 2. Md. Sakeb @ Md. Sakib son of Md. Hasib Resident of Village- Damaria, P.O.- Anisabad, P.S-. Gardanibagh, District- Patna 3. Azahar Iqbal @ Soni @ Anjhar Iqbal son of Shamim Akhtar Resident of Village- Damaria, P.O.- Anisabad, P.S-. Gardanibagh, District- Patna ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 31-10-2025 Heard learned counsel for the petitioners as well as the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Gardanibagh Police Station Case No. 378 of 2025, disclosing offences punishable under Sections191(2)/ 191(3)/115(2)/352/351(2)/132/223 of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report lodged by the Station House Officer, Gardanibagh Police Station, on the basis of the written statement of A.S.I. Saurabh Kumar, is that during the moharram procession, two groups of Patna High Court CR. MISC. No.75061 of 2025(2) dt.31-10-2025 2/3 processions merged near Haldiram Bhujia Shop at Paharpur Police Colony More. The members of both the processions started abusing each other, assaulted with lathi, danda and pelted stones also, creating serious law and order situation, which was somehow pacified. Upon enquiry from local persons, 40 named persons are made accused in the First Information Report along with 100 unknown persons, who were identified through secret informant as miscreants. 4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and the allegation against them is general and omnibus in nature on the basis of the statement made by the local people. A minor skirmishes took place during the moharram procession and no serious law and order situation had arisen. None of the parties from the two processions made any complaint before the police regarding assault made upon them. Nobody has sustained any injury during the procession. He has also submitted that on exactly similar footing, other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 17.09.2025 in Cr. Misc. No. 61137 of 2025. 5. Considering the above-mentioned facts and circumstances, let the petitioners, above named, in the event of Patna High Court CR. MISC. No.75061 of 2025(2) dt.31-10-2025 3/3 their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XXIII, Patna Sadar, Patna in connection with Gardanibagh Police Station Case No. 378 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. kundan/- (Nawneet Kumar Pandey, J) U T