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2025 DAILYLAW 80035 (PAT)

Md. Sahil v. The State of Bihar

CR. MISC./76966/2024 · 2025-01-29

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53418 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- BALIYA District- Begusarai ====================================================== MD. FAIZ @ MD. FAIJ S/O MD. KAMAL R/O VILLAGE- BARO SALEMPUR, WARD NO. 05, NAYA TOLA, P.S- PHULWARIA, DISTT.- BEGUSARAI. ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76966 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Md. Sahil Son of Md. Matin Resident of Village- Lakhmaniya Baidabad(Baidabad Tola), P.S.- Ballia (Baliya),District -Begusarai, permanent resident of Village- Kutubpur, Post- Mdhurpur (Mathurapur), P.S.- Khagaria Muffasil, Distt.- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77886 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Md. Sarwer @ Md. Shah Nebaz @ Md. Sarwar S/O M.D Husan @ Md. Husain R/O Village Lakhmania Baidabaag (Baidabaag Tola), Ward No. 19, P.S- Ballia (Baliya) , District -Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 53418 of 2024) For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Md. Ataur Rahman (In CRIMINAL MISCELLANEOUS No. 76966 of 2024) For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Ajay Kumar No. 2 (In CRIMINAL MISCELLANEOUS No. 77886 of 2024) Patna High Court CR. MISC. No.53418 of 2024(3) dt.29-01-2025 2/3 For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 29-01-2025 Heard learned counsel for the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in connection with Ballia (Baliya) P.S. Case No. 118 of 2024 for the offences punishable under Sections 307/326/34 of the Indian Penal Code and Section 27 of the Arms Act. 3. As per the prosecution case, the petitioners along with one Meraj are said to have taken away the victim and shot at him. During the investigation, it has come that the victim was making short video and he was shot at by Meraj. The victim has also been made an accused in this case. 4. Learned counsel for the petitioners submits that there is no allegation against these petitioners of causing any injury upon the victim. 5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing Patna High Court CR. MISC. No.53418 of 2024(3) dt.29-01-2025 3/3 bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Ballia (Balliya) P.S. Case No. 118/2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. Saif/- (Sandeep Kumar, J) U T