Shekh Salauddin @ Sk. Salauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17752 of 2022 Arising Out of PS. Case No.-209 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== SHEKH SALAUDDIN @ SK. SALAUDDIN Son of Nasim Shekh @ Nasib Shekh @ Shekh Nasid Resident of Village - Senwariya Tola, Bhata, P.S.- Sirisiya O.P., Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18046 of 2022 Arising Out of PS. Case No.-209 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== NASIM SHEKH @ NASIB SHEKH @ SHEKH NASID @ SK. NASIB S/o Late Shekh Allauddin Resident of Senwariya Tola, Bhata, P.S.- Sirisiya O.P., District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 17752 of 2022) For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP (In CRIMINAL MISCELLANEOUS No. 18046 of 2022) For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. Allegedly, it is a case of murder of the nephew of the
Patna High Court CR. MISC. No.17752 of 2022(3) dt.29-09-2022 2/2 informant, namely, Shekh Atiullah.
It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail and submitted that the petitioners along with other accused persons have active part of this offence and assaulted to the nephew of the informant on the order of petitioner Nasim Shekh @ Nasib Shekh. He further submits that the prosecution witnesses have supported the case of the prosecution and the postmortem report also shows that the deceased had received two head injuries by Barchi. He further submits that from perusal of the case diary, it appears that process under Section 83 of the Cr.P.C. also executed against the petitioners.
After considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is hereby rejected.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T