Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14425 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== 1.

MD. IRSHAD S/o Md. Shaheed R/o Village- Nonaur, Karbasin, P.S.- Sahar, Distt- Bhojpur, Bihar- 802201.

2.

Taimur Ali @ Taimur Ansari S/o Md. Ayub Ansari R/o Village- Nonaur, Karbasin, P.S.- Sahar, Distt- Bhojpur, Bihar- 802201. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar Sinha, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 325, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 27.09.2022 when he was digging earth for piling on his private land, his uncle's son Md. Firoj Ansari and Md. Irshad forcefully filled up the dug earth and abused him and when he objected, his uncle Md. Shahid and Taimur Ansari (petitioner no.2) came variously armed and assaulted causing

Patna High Court CR. MISC. No.14425 of 2023(4) dt.21-06-2023 2/2 fracture of his right hand and his father also sustained head injury.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is further submitted that police after investigation has submitted final form, it is thus submitted that presently the petitioners have no apprehension of arrest but in the event if cognizance is taken, then definitely the petitioners will have apprehension of arrest. It is thus submitted that for the present permission be granted to the petitioners to withdraw the anticipatory bail application with liberty to renew the same in the event if cognizance is taken by the learned trial court.

Permission is accorded.

Accordingly, the present anticipatory bail application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) Rishi/- U T