Maksud Alam @ Maksud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33605 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- ANGARH District- Purnia ====================================================== Maksud Alam @ Maksud son of Late Shaifuddin Resident of village - Chandawar kolha, ward no. 05, P.S.- Angarh, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Angarh P.S. Case No. 18 of 2025 registered for the offences under Sections 118(2), 109, 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, it is alleged that the petitioner took the informant along with him on 21.02.2025 and when they reached the maize field, it is alleged that a few persons came out of the maize field and fired upon him which missed the informant, however, he fell and got injured. It was alleged that it was the petitioner who had conspired to get the informant killed.

4. Learned counsel for the petitioner submits that there is no allegation upon the petitioner of overt act and it is only alleged that the informant had gone along with the petitioner and he was behind the firing made upon the informant, which did not

Patna High Court CR. MISC. No.33605 of 2025(2) dt.27-05-2025 2/3 admittedly hit him and the injuries sustained by him was simple in nature and no fire arm injury was there. Learned counsel further submits that the petitioner has falsely been implicated in this case on account of personal differences and it has lastly been submitted that the petitioner has clean antecedent and he is in custody since 23.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that there is a specific allegation upon the petitioner to have conspired to get the informant killed.

6. Considering the aforesaid submissions made by the parties and taking into account that no injury was caused to the informant and also taking note of the fact that the petitioner carries clean antecedent, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Angarh P.S. Case No. 18 of 2025 subject to the conditions :- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically

Patna High Court CR. MISC. No.33605 of 2025(2) dt.27-05-2025 3/3 present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

(iv) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Neha/- U T