Md. Shamsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48494 of 2023 Arising Out of PS. Case No.-84 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

MD. SHAMSHER ALAM Son of Md. Taj Uddin @ Tejuddin Ansari Residing at Manpur Pehani, P.S.-Buniyadganj, District-Gaya 2.

SAMI AKHTAR @ MD. SAMI Son of Md. Taj Uddin @ Tejuddin Ansari Residing at Manpur Pehani, P.S.-Buniyadganj, District-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 307/341/323 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

3. As per the prosecution case, all the FIR named accused persons including these petitioners assaulted the informant and his family members.

4. It is submitted on behalf of the petitioners that due to petty dispute for pathway, casual marpit took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault is general against the petitioner and no specific overt act has been alleged against him. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of

Patna High Court CR. MISC. No.48494 of 2023(2) dt.22-08-2023 2/2 arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Gaya in Buniyadganj Police Station Case No. 84 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T