IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19123 of 2025 Arising Out of PS. Case No.-855 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1 . Mahtab Alam @ Chhotu son of Late Md. Israil village- Sharifganj, Ps- Sahayak, dist- Katihar 2. Md. Yusuf @ Md Yasaf son of Md. Rojid village- Sharifganj, Ps- Sahayak, Dist- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vaishnavi Singh, Advocate Mr. Ajay Kumar Thakur , Advocate For the Opposite Party/s : Mr. Lalan Kumar , APP For informant : Mr. Prakash Mahto, Advocate Mr. Jawed Ahmad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 18-04-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 109 and 3 (5) of the BNS. 3 . As per F.I.R., on the alleged date and time of occurrence , these petitioners along with other co-accused persons armed with deadly weapons came at the shop of Halim and Aslam tea shop . Thereafter, co-accused Mehboob Alam abused son of informant and threatened him to kill if he opposed to sell intoxicating medicine . When son of informant protested, Patna High Court CR. MISC. No.19123 of 2025(2) dt.18-04-2025 2/3 then co-accused Mehboob Alam fired upon son of informant and fled away . 4. It is submitted on behalf of the petitioners that specific accusation of causing firearms injury is against co- accused Mehboob Alam. So far as, these petitioners are concerned, there is no allegation of any overt act against them. F.I.R., has been lodged after delay of 3 days for which there is no explanation . These petitioners have falsely been implicated in this case only because petitioner No. 1 is brother and petitioner No. 2 is employee of co-accused Mehboob Alam. Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition . 6. Considering the fact that there is no allegation of overt act against these petitioner and clean antecedent and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Katihar in Katihar Town ( Sahayak) P.S. Case No. 855 of 2024 , subject to the conditions laid down under section Patna High Court CR. MISC. No.19123 of 2025(2) dt.18-04-2025 3/3 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U Y