Samsid @ Shamshid Ali @ Chotu @ Chhoti Ali @ Chotu Ali @ Chhotu Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23709 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Samsid @ Shamshid Ali @ Chotu @ Chhoti Ali @ Chotu Ali @ Chhotu Ali S/O Bugo Alee @ Bugo Ali @ Md. Bugo @ Kalim @ Md. Bugo Ali @ Buo Ali R/O Village- Jairampur, P.S- Bihpur, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Bihpur P.S. Case No. 157 of 2024 dated 26.04.2024 registered for the offence punishable under Sections 147, 149, 341, 323, 325 and 307 of the Indian Penal Code in which Section 302 of the I.P.C. was also added.
3. The allegation against the petitioner is that he along with other accused persons assaulted the husband of the informant by means of several deadly weapons due to which he sustained injuries and died during course of treatment.
Patna High Court CR. MISC. No.23709 of 2025(2) dt.01-05-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that F.I.R. has been lodged against eleven accused persons. It is also submitted that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. It is submitted that on perusal of impugned order, it transpires from re-statement of informant and statement of witnesses at paragraph nos. 8, 9 , 10 and 11 of the case diary that the petitioner was present on the spot and he has participated in the incident of assault but none has stated that he has assaulted the deceased. Lastly, it has been submitted that the petitioner is in custody since 16.11.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.23709 of 2025(2) dt.01-05-2025 3/3 of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 157 of 2024. (Khatim Reza, J) prabhat/- U T