Patna High Court – Orders
Safir Alam vs The State Of Bihar on 9 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89812 of 2024
Arising Out of PS. Case No.-48 Year-2024 Thana- SIKTA District- West Champaran
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Safir Alam Son of Sheikh Sunad Resident of village - Jhumka, Police Station
- Sikta, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has earlier moved before this Court
with a prayer for anticipatory bail which was rejected vide
order dated 25.10.2024 passed in Cr. Misc. No. 68960 of
2024.
3. The petitioner seeks bail in connection with Sikta
P.S. Case No. 48 of 2024 instituted for the offences under
Sections 147, 148, 149, 224, 225, 341, 342, 323, 332, 333,
307, 353, 354(B), 504, 506 of the Indian Penal Code and
Section 25(1-B)a & 35 of the Arms Act.
4. As per prosecution case, the petitioner along with
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other co-accused attacked the police force which had gone to
arrest a wanted accused in connection with Sikta P.S. Case
No. 151 of 2023 and also to get him free, compelled the
police force to withdraw to save their lives. It is alleged that in
the alleged occurrence, several police personnel sustained
injuries over their bodies. It is also alleged that the police has
recovered live cartridge of 12 bore from the house of Safir
Aam (the petitioner).
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has committed no offence as
alleged against him and has falsely been implicated in the
present case. He further submits that nothing incriminating
has been recovered from the conscious possession of the
petitioner. So far as recovery of one live cartridge is
concerned, the same has been recovered from the joint house
of the co-accused Shamim Alam who has already been
granted bail by this Court vide order dated 21.09.2024
passed in Cr. Misc. No. 49656 of 2024. He further submits
that the case of the present petitioner is on better footing
than the case of the co-accused Shamim Alam. The petitioner
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has no concern with the alleged occurrence. There is a non-
compliance of Section 100 of the Cr.P.C. (now 103 of the
B.N.S.S.) which creates a serious doubt in the prosecution
case. The petitioner has seven criminal antecedents and is
languishing in judicial custody since 30.10.2024 without any
rhymes or reason.
6. On the other hand, learned A.P.P. for the State
has vehemently opposed the prayer for grant of bail to the
petitioner.
7. Having heard rival contention of both the parties
and considering the entire facts and circumstances of the case
as also taking into account the period of custody of the
petitioner and the prayer for bail being based on parity, let the
petitioner, abovenamed, be released on bail, after framing
of charge if not already framed, on furnishing bail bonds
of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned
Court in connection with Sikta P.S. Case No. 48 of 2024,
subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family
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members of the petitioner.
(ii) The petitioner shall cooperate in the trial and
shall be properly represented on each and every date fixed by
the court and shall remain physically present as directed by
the Court and in the event of failure on two consecutive dates
without sufficient reasons, his bail bond shall be liable to be
cancelled by the court below.
(Rudra Prakash Mishra, J)
rishi/-
U T