Sarfe Alam @ Sarfe Ajam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37613 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== SARFE ALAM @ SARFE AJAM S/o- SARIFUL AZAM @ SHARIFUL AJAM Resident of Village- Guabari, P.O.- Balua, P.S.- Kundwa Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, petitioner and co-accused Salim Javed caused fire arms injury to the deceased causing his death.

Learned counsel for the petitioner submits that there is general and omnibus allegation of resorting to firing against all the accused persons and no specific overt act has been alleged against the petitioner. There is case and couter case in which

Patna High Court CR. MISC. No.37613 of 2021(2) dt.07-01-2022 2/2 both sides sustained injuries. Petitioner has claimed clean antecedent and he is in custody since 13.7.2020. Learned counsel appearing for the State and the informant oppose the prayer for bail and submits that the petitioner is one of the assailants of the deceased. Considering the nature of accusation, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T