Md. Sahadat @ Sahadat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31838 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- TARABARI District- Araria ====================================================== 1.

Md. Sahadat @ Sahadat Son of Md. Jakir Resident of Village -Jamua Ward no. 08, P.S. -Tarabari, Distt -Araria.

2.

Md. Jakir @ Jakir Miyan @ Mohammad Jakir Son of late Mohan Miyan Resident of Village -Jamua Ward no. 08, P.S. -Tarabari, Distt -Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Tarabari P.S. Case No. 01 of 2024 instituted for the offences under Sections 149, 341, 323, 324, 325, 307, 354B, 379, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant and her family members due to which they sustained injury.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. There is general and omnibus allegation

Patna High Court CR. MISC. No.31838 of 2024(3) dt.25-06-2024 2/2 against these petitioners. There has been delay of two days in lodging the FIR. Moreover, the petitioners have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that petitioners are named in the FIR and there is specific allegation of assault against these petitioners. Hence, the petitioners do not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and the fact that there is specific allegation against these petitioners due to which informant side sustained injury, hence, this Court is not inclined to grant anticipatory bail to the petitioners.

7. The prayer is rejected.

8. However, if the petitioners surrenders and prays for regular bail, the same shall be considered by the Court below on its own merit without being prejudiced by this order of rejection.

(Rudra Prakash Mishra, J) Arish/- U T