Md. Rocky @ Shah Faisal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70806 of 2024 Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.
Md. Rocky @ Shah Faisal S/o Md. Mister Alam @ Md. Mister R/o - Khalilpura, P.S.- Phulwari sharif, District- Patna 2.
Md. Kamil Alam @ Md. Kamil S/o Md. Mister Alam @ Md. Mister R/o - Khalilpura, P.S.- Phulwari sharif, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Atul Kumar Mehta For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327, 427 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, on the alleged date of occurrence, two groups were fighting as a result of which one person sustained injury and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that co-accused persons also got released an accused from police custody.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus
Patna High Court CR. MISC. No.70806 of 2024(2) dt.22-10-2024 2/2 allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 12.09.2024 passed in Cr. Misc. No. 63536 of 2024 and order dated 25.09.2024 passed in Cr. Misc. No. 63731 of 2024. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Phulwarisharif P.S. Case No. 862 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T