Mohamad Azaz Alam @ Md. Ejaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66609 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Mohamad Azaz Alam @ Md. Ejaz Alam Son of Mohamad Hashim Resident of Village- Dhandiha, P.S. -Koilawar, District -Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 265 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 307, 302 & 506 of the Indian Penal Code & Section 27 of the Arms Act.

3.

Prosecution case in short is that on the alleged date and time of the occurrence, co-accused persons surrounded the informant and other persons. It is further alleged that the accused persons fired at the informant and other persons due to

Patna High Court CR. MISC. No.66609 of 2024(2) dt.20-09-2024 2/3 which they sustained injuries and, thereafter, the accused persons fled away.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced during course of investigation. There is no specific allegation of firing attributed against the petitioner, rather specific allegation is against co-accused, Sumit Chaudhary. Petitioner is stated to be man of clean antecedent. Other coaccused has been enlarged on regular bail by this Court vide orders dated 15-03-2024, 10-04-2024, passed in Cr. Misc. No. 19018 of 2024 & Cr. Misc. No. 22061 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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 court below where the

Patna High Court CR. MISC. No.66609 of 2024(2) dt.20-09-2024 3/3 case is pending/successor court in connection with Chandi P.S. Case No. 265 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T