Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 10448 (PAT)

Shamshad Alam v. The State of Bihar

CR. MISC./3653/2025 · 2025-02-19

Purnendu Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3653 of 2025 Arising Out of PS. Case No.-125 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== 1. Shamshad Alam, Son of Majid Miyan Resident of Village- Ramgarhwa Bazar, Police Station-Ramgarhwa, District-East Champaran 2. Aizazul Alam, Son of Majid Miyan Resident of Village- Ramgarhwa Bazar, Police Station-Ramgarhwa, District-East Champaran 3. Majid Miyan, Son of Thaki Miyan Resident of Village- Ramgarhwa Bazar, Police Station-Ramgarhwa, District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 19-02-2025 No one appears on behalf of the petitioners. Heard Mr. Ashok Kumar Singh, learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No. 125 of 2022 registered under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code and thereafter cognizance has been taken under Sections 341, 323, 307, 354, 504 and 34 of the Indian Penal Code. 3. As per the allegation made in the FIR, the petitioners, armed with lathi-danda and farsa, went to the house of the informant and started abusing her and outraged her Patna High Court CR. MISC. No.3653 of 2025(2) dt.19-02-2025 2/3 modesty. 4. It has been observed by the learned District Court that the petitioners have no apprehension of arrest, accordingly, the pre-arrest bail application filed on behalf of the petitioners was disposed of. 5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 6. Considering the nature of allegation made in the FIR, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail. 7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 125 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. 8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in Patna High Court CR. MISC. No.3653 of 2025(2) dt.19-02-2025 3/3 paragraph no. 3, this order will lose its force automatically. Ashishsingh/- (Purnendu Singh, J.) U T