Patna High CourtCR. MISC./19246/2024dismissed

Faiz Waseem @ Faiz @ Md. Faiz Wassem v. The State Of Bihar

2024-04-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19246 of 2024 Arising Out of PS. Case No.-18 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== Faiz Waseem @ Faiz @ Md. Faiz Wassem S/o Md. Waseem R/O MOHALLA - KARIMGANJ, PS - RAMPUR, DIST - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Sinha For the Opposite Party/s :

Mr. Madan Kumar For the Informant :

Mr. Satya Veer ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Vishnupad P.S. Case No.18 of 2022, registered for the offence punishable under Sections 394 of the Indian Penal Code.

3. The allegation against the petitioner is that he, along with other co-accused person committed loot in the house of the informant on the point of pistol. The accused persons also assaulted the informant's side.

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

Patna High Court CR. MISC. No.19246 of 2024(2) dt.02-04-2024 2/2 petitioner. His name transpired in the present case on the basis of statement of apprehended person. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T