Md. Zishan Hoda @ Zisnul Hoda @ Zishanul Hoda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19613 of 2024 Arising Out of PS. Case No.-734 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Md. Zishan Hoda @ Zisnul Hoda @ Zishanul Hoda S/o Manirul Hoda R/o vill - Karimchak, P.S. - Town, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP Mr. Ashok Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024
1. Heard learned counsel for the petitioner, as well as learned APP for the State along with learned counsel for the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with an allegation that the informant's children were playing on the road when one Zawed Alam came on his bike riding rationally, as such the informant fearing that an accident may be caused he advised Zawed to ride the motorcycle carefully. Thereafter, it is alleged that the accused persons
Patna High Court CR. MISC. No.19613 of 2024(2) dt.15-04-2024 2/3 including the petitioner came and Furkan assaulted the informant upon his head by farsa causing injury and also fired in direction of the informant's house, thereafter Zawed also fired from his pistol, but then the informant managed to save himself. Further all the accused persons thereafter assaulted.
4. The learned counsel submits that from persual of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the informant on head is against Furkan. It is also submitted that though there is allegation of firing, but then the same is ornamental as no one was injured and as far as this petitioner is concerned the allegation against him is general and omnibus in nature. It is further submitted that similarly situated co-accused Ishan @ Tappu @ Ishan Ali Ansari had moved this Court seeking anticipatory bail by filing Cr. Misc. No.17081 of 2024 and the same was allowed by a learned coordinate Bench by an order dated 18.03.2024.
5. The learned APP along with learned counsel for the informant opposes the anticipatory bail application, but then are not in a position to rebut the submission of the learned counsel for the petitioner that there is no specific allegation of assault against the petitioner.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.19613 of 2024(2) dt.15-04-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No.734 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T