Patna High CourtCR. MISC./51253/2023bail rejected

Md. Arbaz @ Md. Abraz @ Md.Arbaz Alam v. The State Of Bihar

2023-08-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51253 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- RAMPUR District- Gaya ====================================================== 1.

MD. ARBAZ @ MD. ABRAZ @ MD.ARBAZ ALAM SON OF LATE ABDUL KAMAR ALAM @ MD. KAMAR ALAM ABDUS SALAM RESIDENT OF VILLAGE- GEWAL BIGHA, BICHLI MASZID, PSRAMPUR, DISTT- GAYA, BIHAR 2.

MD. NASO @ MD. EZAJ ALAM @ EZAJ ALAM SON OF LATE ABDUS SALAM @ MD. NEZAM @ MD. NEZAM ALAM RESIDENT OF VILLAGE- GEWAL BIGHA, BICHLI MASZID, PS- RAMPUR, DISTTGAYA, BIHAR 3.

MD. KASIM HUSSAIN @ MD. KASHIF HUSSAIN SON OF MD. ZUBAI ALAM @ MD. ZUBAIR ALAM @ MD. ZUBAIR RESIDENT OF VILLAGE- GEWAL BIGHA, BICHLI MASZID, PS- RAMPUR, DISTTGAYA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 147, 149, 341, 323,332, 335, 353, 224, 225, 307, 504, 506, 120-B/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners attacked the police party in which they sustained injury. It is further alleged that

Patna High Court CR. MISC. No.51253 of 2023(2) dt.18-08-2023 2/2 they also got freed one co-accused Md. Mozamil Hussain from the lawful custody of the police.

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case. Allegation of assault is general and omnibus against these petitioners. No specific overt act is alleged against them.

5. Learned counsel for the State opposes the prayer for bail and submitted that these petitioners hindered the police officials to discharge their duties and also got one co-accused freed from the lawful custody of the police which is a serious offence.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioners is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T