Md. Altaf Raza @ Altaf Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43307 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== 1.
Md. Altaf Raza @ Altaf Raza, son of SK. Kare village- Jamunia P.S.- Parbatta District- Bhagalpur 2.
Md. Jullo @ Saif Raza @ Jullo Alam, son of Tohid Alam village- Jamunia P.S.- Parbatta District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumarm, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Parbatta P.S. Case No. 65 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 153(A), 337, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, all the named accused persons along with 40-50 unknown persons came at the place of occurrence where flag hosting ceremony was going on and started raising slogan with abusive words to the person who were hosting flag.
4. Learned counsel for the petitioners submit that
Patna High Court CR. MISC. No.43307 of 2023(2) dt.04-08-2023 2/2 there is general and omnibus allegation against the petitioners. There is specific allegation against the co-accused Md. Altaf Raza, son of Md. Nasim that he has fired 5-6 round but there was no one injured in the incident. Petitioners have no criminal antecedents. They have falsely been implicated in this case due to village politics.
5. Learned APP opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Parbatta P.S. Case No. 65 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T