S. Naushad Alam @ Syed Naushad Alam @ Aushad @ Aushad Mian @ Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35005 of 2023 Arising Out of PS. Case No.-914 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Md.Mumtaz @ Syed Md. Mumtaz Alam S/O Late Syed Aiyazudin @ Syed Mian R/O Mohalla- Panchaitiya Akhara, P.S- Kotwali, Distt.- Gaya. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 35666 of 2023 Arising Out of PS. Case No.-914 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== S. Naushad Alam @ Syed Naushad Alam @ Aushad @ Aushad Mian @ Naushad S/O Syed Ayaz Uddin R/O Moh- Panchayati Akhara, P.S.-kotwali, Dist.-gaya ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 35005 of 2023) For the Petitioner/s :
Mr. Sushil Kumar Jha For the Opposite Party/s :
Mr. Chandra Bhushan Prasad (In CRIMINAL MISCELLANEOUS No. 35666 of 2023) For the Petitioner/s :
Mr. Md. Murad Ashraf For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 As both these applications arises from the same P.S. Case No., with consent of the parties they have been heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners are apprehending their arrest in a
Patna High Court CR. MISC. No.35005 of 2023(2) dt.26-07-2023 2/3 case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 356, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
4. As per the prosecution case, petitioners along with others co-accused persons 10-15 persons stopped the work of the Electricity Department and also assaulted the labour working there and they also damaged the instruments of the Department.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
6. Learned APP for the State opposes the prayer for bail.
7. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their 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.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.35005 of 2023(2) dt.26-07-2023 3/3 Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gaya Kotwali P.S. Case No.914/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T