Asif Ali @ Asif Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78267 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- GORIAKOTHI District- Siwan ====================================================== 1.
Asif Ali @ Asif Mian Son of Aslam Perwej @ Aklam Mian Resident of Village - Kapiya Hata, P.S. - Goreyakothi, District - Siwan 2.
Flak Ali @ Falak Miya Son of Merajudin Siddiki Resident of Village - Kapiya Hata, P.S. - Goreyakothi, District - Siwan 3.
Sahnawaj Alam @ Sahnawaj Miya @ Shahnawaj Alam Son of Md. Sharif @ Man Sharif Mian Resident of Village - Kapiya Hata, P.S. - Goreyakothi, District - Siwan 4.
Gani Miya @ Asfak Ali @ Md Ashfak Ali Son of Late Maqsood Mian @ Md. Maksud Alam Resident of Village - Kapiya Hata, P.S. - Goreyakothi, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S., 2023.
3. As per the F.I.R., the petitioners along with other co-accused persons assaulted the informant's side.
4. It is submitted by learned counsel for the petitioners that from the impugned order it is clear that the injury was found simple in nature. They have been falsely implicated in this case due to local dirty politics. No such occurrence, in the
Patna High Court CR. MISC. No.78267 of 2024(2) dt.21-11-2024 2/2 manner as alleged, have ever taken place. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 20.11.2024 passed in Cr. Misc. No. 77658 of 2024. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 court below where the case is pending/Successor Court in connection with Goreakothi P.S. Case No. 171 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 2023.
(Anjani Kumar Sharan, J) utkarsh/- U T