Zafar Ahmed @ Mohammad Zafar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68244 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Zafar Ahmed @ Mohammad Zafar S/o Safdar Ali R/o Khawaja Noor Colony, Near Karbala, P.S.- Kotwali, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 506, 354 and 349 of the Indian Penal Code .
3 . As per the prosecution case , on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners pelted stones and bricks from their roof, on account of which, informant and his family members
Patna High Court CR. MISC. No.68244 of 2024(2) dt.27-09-2024 2/3 sustained injuries.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case . Further submission is that both the parties are agnates. Due to dispute over chajja, a simple maarpit took place between the parties. Allegation of assault is general and omnibus. No specific over act is alleged against petitioner. Similarly situated co-accused persons have already granted bail by this Court vide order dated 04.09.2024 in Cr. Misc. No. 58238 of 2024 and Cr. Misc. No. 58443 of 2024 . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposed the bail petition of the petitioner.
6. Considering the fact that similarly situated persons with similar allegations have already been granted bail by this Hon'ble Court, clean antecedent of petitioner and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 55 of 2024 , subject to the conditions laid down under section 438(2) of the
Patna High Court CR. MISC. No.68244 of 2024(2) dt.27-09-2024 3/3 Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T