Faiyaz Alam @ Faiyaz Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57223 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Faiyaz Alam @ Faiyaz Ahmad S/o- Kalimullah Village- Kataiya, Khataiya, P.S. Lauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57452 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- LAURIA District- West Champaran ====================================================== 1.
Md. Shoaib @ Shoaib Mian S/o- Md. Sattar @ Satar Miyan VillageKataiya, Khataiya, P.S. Lauriya, District- West Champaran 2.
Meraaj Kalim @ Meraj Alam son of Md. Kalimullah @ Kalimullah VillageKataiya, Khataiya, P.S. Lauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 57223 of 2024) For the Petitioner/s :
Mr. Javed Aslam For the State :
Mr. Shailendra Kumar For the Informant :
Mr. Akhileshwar Kumar Shrivastava Mr. Amrit Kirti (In CRIMINAL MISCELLANEOUS No. 57452 of 2024) For the Petitioner/s :
Mr. Javed Aslam For the State :
Mr. Shailendra Kumar For the Informant :
Mr. Akhileshwar Kumar Shrivastava Mr. Amrit Kirti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Patna High Court CR. MISC. No.57223 of 2024(3) dt.18-11-2024 2/3
2. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act, later on Section 302 of I.P.C. has been added.
4. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant's side.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that Prakash Mahto had received two injuries and later on he died during the course of treatment. He further submits that there is no specific overt act against the petitioners. Petitioner of Cr. Misc. No. 57223 of 2024 has one criminal antecedent and petitioners of Cr. Misc. No. 57452 of 2024 have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.
Patna High Court CR. MISC. No.57223 of 2024(3) dt.18-11-2024 3/3
7. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lauriya P.S. Case No.01 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T