Md. Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11791 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- BISFI District- Madhubani ====================================================== 1.

MD. SALMAN S/O QAMARE ALAM R/v- Bhairva, P.S.- Bisfi, DistrictMadhubani 2.

SADRE ALAM @ MD. SADARE ALAM QAIYOUM SHAIKH S/O LATE ABDUL QAIYOUM @ ABDUL QAIYOUM SHAIKH R/v- Bhairva, P.S.- Bisfi, District- Madhubani At present Zo- 649, Padma Nagar, Zapadpatti, Part- 1, Road no. 16, Bhaiganwadi Govadi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

Allegedly, the petitioners alongwith other co-accused persons, abused and assaulted the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.11791 of 2023(2) dt.18-05-2023 2/2 against the petitioners. There is an admitted land dispute between the parties. He submits that the injuries are found to be simple in nature. He further submits that similarly situated coaccused has been granted bail by this Court vide order dated 20.04.2023 passed in Cr. Misc. No.9496 of 2023. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Bisfi P.S. Case No.132 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T