Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47629 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Aftab Alam S/o- Raj Mohammad Village- Dudhra Siwan Ps- Goriyakothi Dist- Siwan, A/P- Manjhagarh Shekhtoli Manjha Ps- Manjhagarh DistGopalganj 2.

Munna Hawari S/o- Ali Ser Hawai Village- Manjhagarh Shekhtoli Manjha Ps- Manjhagarh Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2025

1. Heard learned counsel for the petitioners Ms. Shruti Singh and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of B.N.S., 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, accused persons including the petitioners came and assaulted.

4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in

Patna High Court CR. MISC. No.47629 of 2025(2) dt.30-07-2025 2/2 nature i.e. no specific allegation of assault is alleged against the petitioners. It is also submitted that the date of occurrence is 15.07.2024 and the FIR came to be instituted on 03.08.2024 i.e. after a delay of more than 18 days which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manjhagarh P.S. Case No.221/2024, S.T. No.723/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T