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Patna High CourtCR. MISC./41737/2025bail granted

Bugo Alee @ Bugo Ali @ Md. Bugo @ Kalim @ Md. Bugo Ali @ Buo Ali v. The State Of Bihar

2025-07-04Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41737 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Bugo Alee @ Bugo Ali @ Md. Bugo @ Kalim @ Md. Bugo Ali @ Buo Ali S/o Newaji Ali Resident of Village- Dharampur Ratti, Jairampur, DistrictBhagalpur, Bihar 853201. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42504 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Md. Noushad @ Md. Naushad S/o Bugo Alee @ Bugo Ali @ Md. Bugo @ Kalim @ Md. Bugo Ali @ Buo Ali Resident of Village- Jairampur, Bihpur Birbanna, Narayanpur, P.O.- Narayanpur, P.S.- Bihpur, District- Naugachia (Bhagalpur), Bihar- 853201.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41737 of 2025) For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 42504 of 2025) For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 04-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307 of the Indian Penal Code and later on Section 302 of

2/4 I.P.C. was added.

3. As per the prosecution case, petitioners and other co-accused persons are alleged to have assaulted the husband of the informant by means of deadly weapons, due to which he sustained grievous injuries and subsequently, he died during the course of treatment

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that F.I.R. was lodged against eleven accused persons. It is also submitted that there is no specific allegation against the petitioners, rather, the allegation against the petitioners is general and omnibus. It is next submitted that similarly situated co-accused person has already been granted bail by a Co-ordinate Bench this Court vide order dated 01.05.2025, passed in Cr. Misc. No. 23709 of 2025. It is lastly submitted that petitioners have clean antecedent and they are in custody since 30.11.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid submissions of the parties, let the petitioners, above named, be released on bail on

3/4 furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Session Trial No. 454 of 2025 arising out of Bihpur P.S. Case No. 157 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative and the other shall be local resident. (ii) The petitioners shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The petitioners shall not approach the informant or any of the family members to either coerce or threaten during the pendency of trial.

(vi) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the

4/4 court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned.

(Sourendra Pandey, J) Siwani/- U T