Md. Shakil @ Shakil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15145 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== MD. SHAKIL @ SHAKIL AHMAD SON OF MD. WASHI R/O GRAM BLAAT, P.S.- RAHIKA, DISTT.- MADHUBANI, STATE- BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan Mr. Abhigyan Kumar Ms. Sheha Kumari For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 Mr. Virendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard the parties.

Learned counsel for the petitioner filed a supplementary affidavit in the Court. Let the same be accepted and kept on record.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 504, 34 of the Indian Penal Code.

The prosecution case is that the petitioner has assaulted the nephew of the informant by means of sword due to which he sustained injury.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He

Patna High Court CR. MISC. No.15145 of 2023(3) dt.23-06-2023 2/3 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are found to be simple in nature. Petitioner has one criminal antecedent, mentioned in para-2 of the supplementary affidavit.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the petitioner has suppressed his criminal antecedent in para-3 of the bail application. He further submits that on 16.05.2023, when he disclosed this fact before this Court that the petitioner has one criminal antecedent then a supplementary affidavit has been filed by the learned counsel for the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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

Patna High Court CR. MISC. No.15145 of 2023(3) dt.23-06-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rahika P.S. Case No.184 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