Sabrosh Akhtar @ Shaikh Sabroz Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17251 of 2023 Arising Out of PS. Case No.-975 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== SABROSH AKHTAR @ SHAIKH SABROZ AKHTAR SON OF SHAIKH SOHAIL AKHTAR @ SOHAIL AKHTAR @ MD SOHAIL AKHTAR RESIDENT OF VILLAGE BARWA BARAULI, POLICE STATION SHIKARPUR DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Nasar, Adv For the Informant :

Mr. Ramakant Sharma, Sr. Adv Mr. Sanjeev Kumar Shrivastava, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel appearing on behalf of the petitioner, learned senior counsel appearing on behalf of the informant as well as learned APP for the State. 2.

Learned counsel for the petitioner seeks permission to make necessary corrections in para-3 of the bail application in course of day.

3.

Permission is granted.

4.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 307, 34 and 120B of the Indian Penal Code.

5.

Petitioner along with other co-accused persons are said to have been involved in the murder of the son of the informant.

Patna High Court CR. MISC. No.17251 of 2023(4) dt.24-07-2023 2/3 6.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 petitioner. He has been made accused in the present case on the basis of suspicion. He further submits that similarly situated coaccused has been granted anticipatory bail by this Court in Cr. Misc. No.18871 of 2023 vide order dated 06.07.2023. Petitioner has two criminal antecedent.

7.

Learned APP for the State as well as learned senior counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

8.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection

Patna High Court CR. MISC. No.17251 of 2023(4) dt.24-07-2023 3/3 with Shikarpur P.S. Case No.975 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 9.

However, learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has more than two criminal antecedents, then his bail bond shall not be accepted.

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