Faisal @ Md. Faisal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18419 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Faisal @ Md. Faisal Son of Sanaullah Resident of village - Lahan Dhaka, P.S.- Dhaka, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zaki Haider, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhaka P.S. Case No. 302 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 329(4), 324(4), 326(g), 115(2), 109, 132, 221, 121(1) & 121(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that the accused persons, including the petitioner, enraged after a deceased person was declared dead at the hospital, and they have allegedly assaulted medical staff and set an ambulance on fire. Later on, their identification was established through video footage.

Patna High Court CR. MISC. No.18419 of 2025(2) dt.03-04-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-11-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR and he is remanded in this case from Dhaka PS Case No. 303 of 2024 arising out of the same occurrence merely on suspicion and at the instance of his local rivals due to dirty village politics. There is no specific allegation against the petitioner and petitioner was merely a member of the mob. Learned counsel submits that petitioner is not at all concerned with the occurrence. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 09-12-2024, passed in Cr. Misc. No. 83319 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.18419 of 2025(2) dt.03-04-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 302 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T