Md. Naimat @ Shahnawaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13240 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Md. Naimat @ Shahnawaz Alam Son of Late Md. Faiyaz Alam Resident of Village- Mahatvna Mohalla, P.S. -Phulwarisharif, District- Patna, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Gardanibagh P.S. Case No. 38 of 2024, lodged on 15.01.2024, under Section 341/323/379/384/ 385/ 504/506/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Allegation against the present petitioner and another accused is
Patna High Court CR. MISC. No.13240 of 2025(2) dt.28-03-2025 2/3 of abusing and making extortion on the point of pistol from the staff and owner of the company.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that he was employee of the partner of the informant and with business rivalry, conflict took place since the petitioner is the follower of another partner it is due to this reason the other partners have filed earlier case as well as the present case against him. Counsel submits that in the earlier case he is on bail. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has one criminal antecedent.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate, 1st Class, Patna, in connection with Gardanibagh P.S. Case No.38 of 2024, subject
Patna High Court CR. MISC. No.13240 of 2025(2) dt.28-03-2025 3/3 to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T