Md. Amir @ Md Aamir @Md. Gufran Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81195 of 2023 Arising Out of PS. Case No.-707 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== MD. AMIR @ MD AAMIR @MD. GUFRAN AALAM SON OF LATE AALAM KURAISHI @ MD. AALAM@ALAM RESIDENT OF VILLAGE KHILANGANJ SASARAM PS SASARAM DISTRICT ROHTAS ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashikant , Advocate For the Opposite Party/s :
Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 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 , 302, 307, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, while Afroz @ Chikku, Chand Khand and Sanu Rahman going towards Alamganj, on the way nine accused persons including the petitioner arrived there and some
Patna High Court CR. MISC. No.81195 of 2023(3) dt.19-03-2024 2/3 hot talk exchanged between them. It is further alleged that coaccused Naushad Raines @ Lallu fired pistol in the stomach of one Afroz @ Chiku as a result of which he died on the spot and thereafter co-accused Sonu Raiene fired at Sonu Rahman which hit his leg.
4. Learned counsel for the petitioner submits that there is no specific over act alleged against this petitioner. He is only alleged to be the member of the mob. Specifc allegation of firing is against co-accused Naushad Raines @ Lallu and Sonu Raines. There is no allegation of overt act against this petitioner. Similarly situated co-accused person has already granted bail by this Court vide order dated 22.02.2024 in Cr. Misc. No. 12676 of 2024 . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six 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 CJM, Sasaram, Rohtas in connection with sasaram ( Town) P.S. case No. 707 of 2023 , subject to the
Patna High Court CR. MISC. No.81195 of 2023(3) dt.19-03-2024 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T