Sadam Mansoori @ Sadam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27093 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== 1.
SADAM MANSOORI @ SADAM HUSSAIN SON OF ASH MOHAMMAD MANSOORI @ ASHMOHAMMAD ANSARI R/ O- VILLBASAULI P.O.- BASAULI, P.S.- BASANTPUR DISTRICT- SIWAN. 2.
FIROJ ALAM @ MD. FIROJ SON OF GUL MOHAMMAD MIYAN R/ OVILL- BASAULI P.O.- BASAULI, P.S.- BASANTPUR DISTRICTSIWAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Learned counsel for the petitioner filed a supplementary affidavit in the court. Let the same be accepted and kept on record.
Learned counsel for the petitioner has made necessary corrections in the para 1, 3 and 5 of the petition and also the prayer portion of the petition.
Vide order dated 06.09.2022, the bail application as against petitioner no.2 has been dismissed as withdrawn. So, this case is now being heard with regard to petitioner no.1 only. The petitioner no.1 apprehends his arrest in a case registered for the offence punishable under section 447, 341, 323, 324, 307, 504/34 of Indian Penal Code.
Patna High Court CR. MISC. No.27093 of 2022(3) dt.13-09-2022 2/3 Allegedly, the petitioner alongwith other accused persons assaulted the informant and his family members by means of deadly weapons due to which they sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The specific allegation is against the co-accused namely, Madam Mansoori. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner no.1 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 Basantpur
Patna High Court CR. MISC. No.27093 of 2022(3) dt.13-09-2022 3/3 (Lakari Nabiganj) P.S. Case No.330 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T