Md. Gulam Ali @ Gulam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3564 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Md. Gulam Ali @ Gulam Ali S/o- Md. Taiyab Ali Village- Parsauni Mailbar Ps- Parsauni Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner submits that the petitioner's earlier prayer for bail was rejected vide order dated 03.10.2024 passed in Criminal Miscellaneous No. 69039 of 2024. He further submits that the FIR has been lodged under Section 307 of the Indian Penal Code along with other sections, alleging assault by farsa on the head of the informant. However, subsequent developments have taken place in the matter. The police have submitted a correction slip stating that, upon verification of the injury report, the injury has been found to be simple in nature. Consequently, the I.O. has recommended the removal of Section 307 of the Indian Penal Code from the case.

Patna High Court CR. MISC. No.3564 of 2025(3) dt.27-06-2025 2/2 Learned counsel further submits that a petition to this effect has been filed by the Investigating Officer before the concerned Judicial Magistrate, First Class. It is also submitted that the petitioner is in custody since 13.06.2024 and has no criminal antecedents.

3. Learned APP for the State opposes the prayer for bail but submits that the police have recommended for removal of Section 307 of the Indian Penal Code from the case.

4. Considering the change circumstances of the case, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned CJM, Sitamarhi in connection with Parsauni P.S. Case No. 86 of 2024, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T