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The Crowd of people was accused of violating the COVID 19 guidelines promulgated by the government and attempting to harm the police personnel by controlling the fight and crowd. The Court after considering the facts and circumstances granted bail to the Petitioner. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Md. Mustufa Nadaf and others v. The State of Bihar[Criminal Miscellaneous No. 38239 of 2020]. 

The facts of the case were that the petitioner was apprehended arrest concerning a case instituted under Section 147-149, 323, 324, 333, 337, 307, 353, 188 of the Indian Penal Code. It was alleged that the petitioner along with 17 others and 100-150 unknown people was present during the immersion of Lord Krishna’s image and they were quarrelling amongst themselves and also had organized the same in violation of COVID 19 guidelines as promulgated and circulated by the government. On reaching the informant who is the Sub-Inspector of Police, he was attacked by the brick-bats, lathi, and swords and prevented the inspectors from discharging their duties which also resulted in injuries to the personnel and two accused were arrested on the spot.

Learned Counsel of the Petitioners submitted that it has 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. Few other petitioners were granted anticipatory bail by a coordinate bench and further other co-accused have also been granted bail by a judge. It was submitted that the petitioners are similarly situated to the aforesaid accused who have been granted anticipatory bail.

The Additional Public Prosecutor submitted that the petitioners as per the FIR have been identified by the Chaukidar and hence have been named accordingly in the documentations of the FIR.

The Hon’ble High Court Of Patna held,” 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.”

 It was further added by the court that the bail procedures shall be followed as per provisions mentioned down in Section 438(2) of the Code Of Criminal Procedure, 1973. The Petitioner shall not engage in any illegal/criminal activity or any other act in violation of the law provisions or attempt to temper the evidence. The petition was disposed of on the aforementioned terms.

Click Here To Read The Judgment

Judgment Reviewed By Nimisha Dublish