Vicky @ Md. Shahnawaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9532 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== VICKY @ MD. SHAHNAWAZ Son of Yusuf Khan Resident of MohallaGhughritand, P.S.- Vishnupad, Distrct- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheikh Arkan Ahmad For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307 and 504 of the IPC.
As per the prosecution case, when the informant along with his friend reached the tempo stand, saw accused Raza is sitting on tempo and spate on the informant. On protest accused Raza started abusing the informant and assaulted with iron rod thereafter all the accused persons assaulted the informant with lathi, iron rod.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in
Patna High Court CR. MISC. No.9532 of 2023(2) dt.20-04-2023 2/2 the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Raza. Petitioner has no criminal antecedent and several similarly situated co-accused persons have been enlarged on anticipatory bail by a co-ordinate Bench of this court vide order dated 03.04.2023, passed in Cr. Misc. No.4004 of 2023. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Vishnupad P.S. Case No.191 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.