Aash Muhammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26719 of 2024 Arising Out of PS. Case No.-975 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Aash Muhammad Son of Ainul Haque @ Ainul Haque Ansari Resident of Mohalla - Purani Bazar, Ward No.3, P.O. - Narkatiaganj, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv.

Mr.Pramod Kumar Yadav, Adv.

Mr.Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302, 307/34, 120(B) of the IPC and section 27 of the Arms Act.

3.

The basis of the F.I.R. is that the son of the informant was shot fired on the road by the accused persons and he succumbed to the injuries and died.

4.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case due to suspicion. During investigation,

Patna High Court CR. MISC. No.26719 of 2024(2) dt.10-04-2024 2/2 the petitioner was made accused in the present case. There is no specific overt act against the petitioner and there is allegation against other accused persons. Petitioner has no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by this Court.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 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. (Anjani Kumar Sharan, J) pallavi/- U T