Md. Alam @ Mohammad Alam @ Md. Noor Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43963 of 2025 Arising Out of PS. Case No.-1110 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Md. Alam @ Mohammad Alam @ Md. Noor Alam S/o Abul Hassan R/o Village- Golden Park, Near Alif Nagar Sadani Dhabi Valva, Ahmadabad Gujrat, at Present Mohalla- Nauranga, PS- Muffasil, District- Gaya 2.
Md. Daood S/o Abul Hassan R/o vill - Nauranga, P.S. - Muffasil, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Kumari, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gaya Muffasil P.S. Case No. 1110 of 2024 instituted for the offence under Sections 190, 191(2), 191(3), 126(2), 115(2), 121, 132, 109, 352 & 324(4) of the B.N.S., 2023 and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The case of the prosecution is that two group of persons were pelting stone on each other on a trivial issue. When police reached there and started disbursing the public, the
Patna High Court CR. MISC. No.43963 of 2025(2) dt.18-07-2025 2/3 public started pelting stones and boulders on police. After that the police chased the public and apprehended altogether 18 persons and they were named in the FIR.
4. Learned counsel for the petitioners has submitted that the nature of allegation is general and omnibus. No specific overt act is alleged against the petitioners and minor injuries incurred in the occurrence. From perusal of the FIR it transpires that from a scooty altogether 375 ml. of country made foreign liquor was recovered. It has been argued by the learned counsel for the petitioners that the scooty does not belong to these petitioners. The petitioner no.1 is a man of clean antecedent and the petitioner no.2 is having one criminal antecedent in which he is on bail.
5. Learned APP appearing for the State has vehemently opposed the prayer for bail to 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 Gaya Muffasil P.S. Case No. 1110 of 2024, they will be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.43963 of 2025(2) dt.18-07-2025 3/3 bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-cum-Additional Sessions Judge, Gaya, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) Durgesh/- U T