Sabir Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29324 of 2025 Arising Out of PS. Case No.-48 Year-2022 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Sabir Ali son of Mankush Alam @ Mankhush Alam @ Md. Mankush Alam Resident of Village -Jangalia PS -Gopalganj town, Dist -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Roy, Adv.
For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 48 of 2022, registered for the offences punishable under Sections 341, 323, 324, 504, 506 and 307/34 of the Indian Penal Code.
3. While the informant was sitting in his shop, in the meanwhile, all the FIR named accused persons, including the petitioner having knife in their hand came there and started abusing. On protest being made, allegedly the petitioner and other assaulted him by means of knife, due to which he sustained injury.
4. Learned Advocate for the petitioner referring to the FIR has contended that though the fardbeyan of the informant
Patna High Court CR. MISC. No.29324 of 2025(2) dt.07-05-2025 2/3 was recorded on 14.01.2022, but surprisingly the FIR has instituted on 18.01.2022 and the delay has not been explained by the police personnel. Further submission has been made that though the allegation has been levelled that the petitioner also assaulted the informant by means of knife over his ribs, but the injuries sustained to the informant, all of them found to be simple in nature. In fact only on account of one previous criminal antecedent, his name has been implicated in this case. Moreover, one of the co-accused Mankhush Alam @ Mankhush Alam has extended the privilege of anticipatory bail by the Court below itself, who has also participated in the crime. It is lastly contended that the petitioner undertakes that he will fully co-operate in the investigation and in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner has caused knife blow over the vital part of the informant.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of injury and the delay in lodging of the FIR at the level of the police as also the undertaking before this Court, let the petitioner above named be
Patna High Court CR. MISC. No.29324 of 2025(2) dt.07-05-2025 3/3 released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 48 of 2022, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T