Md. Sabi Alam @ Sabi Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37611 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Champanagar District- Purnia ====================================================== 1.
Md. Sabi Alam @ Sabi Alam S/O Late Sagiruddin R/O Village-Moglaha Banaila,PS- Champanagar, District- Purnea 2.
Md. Rustam S/O Late Ansar @ Md. Ansar R/O Village-Moglaha Banaila,PS- Champanagar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-07-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioners and Mrs. Renuka Ratnakar, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Champanagar P.S. Case No. 15 of 2025 instituted for the offence under Sections 126(2), 115(2), 118(2), 109, 308(2), 324(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner no. 1 was firing and fled away from the place of the occurrence. Regarding petitioner no. 2, his name is not there in the written application, his name appears in the formal FIR. However, there
Patna High Court CR. MISC. No. 37611 of 2025(2) dt.11-07-2025 2/3 is no specific allegation against him.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. He also submits that from perusal of the FIR, there is general and omnibus allegation against the petitioners. Petitioners have not arrest on the spot and nothing has been recovered from their conscious possession. He next submits that the only allegation against petitioner No. 1 is that he made fire and fled away from the place of occurrence whereas the petitioner No. 2 has no specific allegation. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner no. 1 has six criminal antecedents and petitioner no. 2 has criminal antecedent of one case.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Champanagar P.S. Case No. 15
Patna High Court CR. MISC. No. 37611 of 2025(2) dt.11-07-2025 3/3 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T