Shamim Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7784 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- PALASI District- Araria ====================================================== 1.
Shamim Khan Son Of Late Krim Khan @ Abdul Karim Resident Of Village - Bansar, P.S. - Palasi, District - Araria 2.
Gabbar Khan @ Amjad Khan Son Of Kalimuddin Resident Of Village - Bansar, P.S. - Palasi, District - Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ziaul Quamar, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant.
2. Learned counsel for the petitioner, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to the petitioner no.1 (Shamim Khan).
3. Permission is accorded.
4. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.
5. It is next submitted that petitioner has antecedent of two cases and has been falsely implicated in the instant case by
Patna High Court CR. MISC. No.7784 of 2024(3) dt.19-04-2024 2/3 the informant. It is also submitted that the informant alleged that on 21.07.2023 at around 12:00 pm accused persons including the petitioner came and abused and assaulted the informant side over a land proposed for construction of road and the accused persons assaulted the side of the informant by the petitioner is alleged to have assaulted the informant by the iron rod causing injury. Learned counsel next submits that both side assaulted each other as such it cannot be alleged with certainity that it would the petitioner who assaulted the informant by iron rod causing injury on her. It is also submitted that even presuming what has been alleged is true without admitting then injury was suffered by the informant is simple in nature.
6. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.7784 of 2024(3) dt.19-04-2024 3/3 is pending/successor court in connection with Palasi P.S. Case No. 224 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) annpurna/- U T