Murad @ Murad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52953 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Murad @ Murad Alam S/o Ozair @ Jobair R/o Vill - Lahan Dhaka, P.S. - Dhaka, District - East Champaran, State - Bihar. 2.

Amzad Alam @ Md. Amzad S/o Md. Murtuja R/o Vill - Lahan Dhaka, P.S. - Dhaka, District - East Champaran, State - Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Sudhir Kumar Gupta S/o Durga Prasad Gupta R/o Vill- Mohiuddin Nagar Samastipur, P.S.-Town Thana, Distt- Samastipur, at present posted as Deputy Superintendent Sub-Divisional Hospital Dhaka, East Champaran, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 302 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 329(4), 324(4), 326(g), 115(2), 109, 132, 221, 121(1), 121(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons got enraged after a person was declared dead at the hospital and they allegedly assaulted the medical staff and set

Patna High Court CR. MISC. No.52953 of 2025(2) dt.01-08-2025 2/3 the ambulance on fire. Later on, their identification was established through video footage.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Petitioners are merely members of mob and have no active role in the alleged incident. It has been submitted on behalf of the petitioners that the petitioners have one criminal antecedent. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 25.07.2025 passed in Cr. Misc. No. 50532 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case as also claim based on parity, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with

Patna High Court CR. MISC. No.52953 of 2025(2) dt.01-08-2025 3/3 Dhaka P.S. Case No. 302 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T