Afroz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42801 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- PALANWA District- East Champaran ====================================================== 1.

Afroz Alam S/O Umar Dewan R/O Vilage Basti Semra, P.S. Palanwa, DisttEast Champaran 2.

Ali Hussain S/O Lt. Rafzul Dewan R/O Vilage Basti Semra, P.S. Palanwa, Distt-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Palanwa P.S. Case No. 56 of 2024 instituted for the offence under Sections 341, 323, 307, 379, 504 & 506/34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that co-accused persons including the petitioners have assaulted the informant by various means, due to which he sustained injury. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 17-04-2024. Petitioners bear no criminal antecedent.

Patna High Court CR. MISC. No.42801 of 2024(2) dt.25-06-2024 2/2 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. There is no specific allegation against the petitioner. There is general and omnibus allegation levelled against the petitioner. Specific allegation of assault is against coaccused Tabrej Alam. It is next submitted that there is case and counter case between the parties.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and clean antecedent of the petitioners, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palanwa P.S. Case No. 56 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T