Md Shoaib @ Shoaib Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17646 of 2025 Arising Out of PS. Case No.-470 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Md Shoaib @ Shoaib Anwar S/O Md Anwar R/O Village- Sakaddi, P.SKoilwar, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Prasad, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 74, 109, 352, 351(2) and 351(3) of the B.N.S. and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 04.12.2024 at about 12:45 in the mid night, this petitioner, along with other accused persons, misbehaved with dancers who were dancing in the marriage function of informant's cousin. On being objected, co-accused Saroj Yadav and Anuj Kumar opened fire causing fire arm injury on the right hand of informant. It is further alleged that while fleeing away from the place of occurrence, this petitioner, along with other accused persons, opened fire using fire arms.
Patna High Court CR. MISC. No.17646 of 2025(2) dt.09-04-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of causing fire arm injury is against co-accused Saroj Yadav and Anuj Kumar. So far as this petitioner is concerned, there is general and omnibus allegations and there is no specific accusation of overt act against him. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case No. 470 of 2024, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.17646 of 2025(2) dt.09-04-2025 3/3 the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T