Shamshad Alam @ Md. Shamsad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58056 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

SHAMSHAD ALAM @ MD. SHAMSAD ALAM SON OF MD. MAIMUDIN ANSARI RESIDENT OF VILLAGE- BELAUR, PSUDWANT NAGAR, DIST- BHOJPUR , ARA 2.

SANNI KUMAR @ SHANI KUMAR SON OF PARAS GOSAI @ PARAS NATH GOSWAMI RESIDENT OF VILLAGE- BELAUR, PS- UDWANT NAGAR, DIST- BHOJPUR , ARA 3.

GOLU KUMAR SON OF ARUN RAM RESIDENT OF VILLAGEBELAUR, PS- UDWANT NAGAR, DIST- BHOJPUR , ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Sections 302 and 120(B) of the Indian Penal Code were added later on.

3. As per prosecution case, co-accused Chotu @ Chote Lal shot dead the husband of the informant.

4. It is submitted that petitioners are not named in the F.I.R. and their name transpired during course of investigation. It is next submitted that it is the specific case of the informant

Patna High Court CR. MISC. No.58056 of 2023(2) dt.05-09-2023 2/2 that it was co-accused Chotu @ Chote Lal who fired upon her husband and there is no whisper nor any suspicion has been raised against these petitioners. Petitioners have got clean antecedent.

5. Considering the nature of accusation and facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P. S. Case No. 225 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T