Md. Shahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3461 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== 1.

Md. Shahjad, Son of Late Samshul Khalifa, R/A Dargah Road Karbala Near Chhoti Masjid, P.S.- Alamganj, District- Patna 2.

Md. Saheb, @ Md. Saif Son of Md. Shahjad, R/A Dargah Road Karbala Near Chhoti Masjid, P.S.- Alamganj, District- Patna 3.

Md. Sunny @ Md. Hasan, Son of Md. Shahjad, R/A Dargah Road Karbala Near Chhoti Masjid, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner No. 2 as he has already been arrested and thus, his anticipatory bail application has become infructuous. Permission is granted.

The anticipatory bail application with regard to above named petitioner No. 2 is dismissed as withdrawn. Heard the parties.

Petitioner Nos. 1 and 3 apprehend arrests in a case registered for the offences punishable under Sections 447, 147, 341, 323, 354(B), 379, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.3461 of 2023(2) dt.09-05-2023 2/3 It is alleged that all the F.I.R. named accused persons including these petitioners assaulted and misbehaved with the informant. It is further alleged that they also snatched gold chain from the neck of the informant.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case on account of land dispute with regard to partition of ancestral property. He next submits that both parties are relatives and informant is own sister of petitioner No. 1 and it is absurd and highly improbable to say that these petitioners have committed such type of occurrence in presence of wife, daughter and sons. Petitioners have got clean antecedent. Learned counsel for the informant vehemently opposes the bail application.

Considering the aforesaid facts and circumstances, let the above named petitioner Nos. 1 and 3 in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate VI, Patna City, Patna in connection with P. S. Case

Patna High Court CR. MISC. No.3461 of 2023(2) dt.09-05-2023 3/3 No. 55 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T