← Library
Patna High CourtCR. MISC./20389/2022partly allowed disposal

Md Shahid v. The State Of Bihar

2022-08-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20389 of 2022 Arising Out of PS. Case No.-685 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Md Shahid Son Of Md Abbash Resident Of Mansoor Mohalla ,PHULWARI Sharif, Ps- Phulwarisharif Dist- Patna 2.

Sahil @ Mitha Son Of Md Abbash Resident Of Mohalla, Phulwari Sharif, P.O And P.S- Phulwarisharif, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 341, 307 of the Indian Penal Code, Section 27 of the Arms Act and 3⁄4 of the Epidemic Disease Act.

Petitioners are said to have fired upon the informant. It is submitted by learned counsel for the petitioners that petitioners is innocent and have been falsely

Patna High Court CR. MISC. No.20389 of 2022(2) dt.23-08-2022 2/3 implicated in this case. He submitted that there is general and omnibus allegation levelled against the petitioners. There is specific allegation against co-accused Bittu Kumar and Nazar Khan who fired upon the police party. He submitted that the petitioners are the members of the mob. He further submitted that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 with Phulwarisharif P.S. Case No. 685 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.20389 of 2022(2) dt.23-08-2022 3/3