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Patna High CourtCR. MISC./28170/2025bail granted

Kalim Khalifa @ Kalim @ Kalim Sapera v. The State Of Bihar

2025-05-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28170 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Kalim Khalifa @ Kalim @ Kalim Sapera S/o Lagar Khalifa Resident of Village- Rajpur Jounpur, Police Station - Mohanpur O.P., District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar , Advocate For the Opposite Party/s :

Mr. Binod Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 109, 329 (3) , 352, 3561 ( 2 ) and 3(5) of BNS and 27 of Arms Act.

3 . The prosecution case in brief, is that on 31.10.2024 , at about 08:00 PM informant received information

Patna High Court CR. MISC. No.28170 of 2025(2) dt.13-05-2025 2/3 regarding a gang war between two groups is going on where a person sustained firearm injury in his leg. Pursuant to the information , informant rushed to the place of occurrence where this petitioner was found was lying in injured condition . Informant further alleged that co-villagers named the accused persons who were involved in the occurrence and further disclosed that occurrence took place in the backdrop of dispute related to liquor trade .

4. It is submitted on behalf of the petitioners that petitioner is quite innocent and has not committed any offence . Petitioner was merely a bystander, spectating the occurrence without taking part in it. Moreover, petitioner is victim of circumstances as he himself sustained injury . Petitioner claims clean antecedent.

5 . Learned counsel for the State opposed the bail petition .

6 Considering the fact that petitioner himself sustained injury in the alleged occurrence , clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the

Patna High Court CR. MISC. No.28170 of 2025(2) dt.13-05-2025 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate Samastipur in connection with Mohanpur P.S. Case No. 147 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T