Md. Arshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16011 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Md. Arshad Son of Md. Ayub Resident of Village and P.O.- Barahi, P.S.- Keoti Barhi, District- Darbhanga- 846005 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shama Sinha, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 342, 324, 307, 504, 506, 379, 427 and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 21.05.2024, while the informant, along with his staff namely Raman Kumar, was coming to his house, all the F.I.R. named accused persons, including this petitioner and 2-3 unknown persons, duly armed, surrounded them and assaulted informant. It is alleged that accused Shamsher Hasan gave farsa blow on head of informant, accused Md. Shahid @ Sayeed Ahmad gave knife blow on head of informant and accused Naushad @ Md. Naushad Sheikh and Aftab @ Md. Aftab assaulted on head of informant by means of rod as a result of which informant
Patna High Court CR. MISC. No.16011 of 2025(2) dt.19-03-2025 2/3 sustained several injuries on the head. It is further alleged that co-accused persons also assaulted informant by means of lathi due to which he sustained injuries on his shoulder and back. It is further alleged that they also damaged the vehicle and took away a bag containing cash worth Rs. 8,000/- and other important documents. Allegedly, the reason behind the occurrence is that accused Md. Shamsher took money from the informant and when he demanded the same, Md. Shamsher threatened him with dire consequences.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As per F.I.R., this petitioner along with co-accused Md. Maksood assaulted informant with lathi on the right hand, shoulder and back but no such corresponding injury was found by the doctor which itself falsifies the prosecution case. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 16.01.2025 passed in Cr. Misc. No. 65225 of 2024. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.16011 of 2025(2) dt.19-03-2025 3/3 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with Keoti P. S. Case No. 152 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T