Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33264 of 2020 Arising Out of PS. Case No.-225 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

AFTAB ALAM Son of Shakir Hussain Resident of Village- Hasanpura, P.S.- M.H. Nagar, District- Siwan.

2.

SHAHABUDDIN @ SHABUDDIN @ SHABU AHMAD Son of Shakir Hussain Resident of Village- Hasanpura, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP For the Informant :

Mr. Prashant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant through virtual mode.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201, 120B, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that while the son of the son of the informant was on his way to home, the accused persons shot fire at his chest due to which he lost his life. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.33264 of 2020(3) dt.09-04-2021 2/2 petitioners. The petitioners are not named in the F.I.R. The names of the petitioners have transpired in course of investigation. Except for suspicion, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Pachrukhi P.S. Case No. 225/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T