Md. Faiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51589 of 2023 Arising Out of PS. Case No.-667 Year-2023 Thana- NAWADA District- Nawada ====================================================== MD. FAIYAZ ALAM SON OF MD. RIYAZ ALAM RESIDENT OF VILLAGE - GONDAPUR, POLICE STATION - GOWN, DISTRICT - NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Avinash Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegedly, petitioner along with other co-accused persons is said to have fired upon Robu Shekh due to which he died.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific

Patna High Court CR. MISC. No.51589 of 2023(4) dt.02-11-2023 2/2 rather general and omnibus in nature. There is specific allegation against other co-accused. Petitioner has been made accused in the present case merely on confessional statement of apprehended co-accused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Nawada Town P.S. Case No. 667 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T