Master Shamim @ Md. Shamim Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29730 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== 1.
Master Shamim @ Md. Shamim Ahmad Son Of Samsul Hoda Resident Of Village - Jhapaha, Ward No. 12, P.S. - Parihar, Distt. - Sitamarhi 2.
Saddam Hussain Son Of Md. Samsul Hoda Resident Of Village - Jhapaha, Ward No. 12, P.S. - Parihar, Distt. - Sitamarhi 3.
Master Gulab @ Md. Gulab Mansoori Son Of Samsul Hoda Resident Of Village - Jhapaha, Ward No. 12, P.S. - Parihar, Distt. - Sitamarhi 4.
Aftab Alam Son Of Samsul Hoda Resident Of Village - Jhapaha, Ward No. 12, P.S. - Parihar, Distt. - Sitamarhi 5.
Rehana Khatoon Wife Of Samsul Hoda Resident Of Village - Jhapaha, Ward No. 12, P.S. - Parihar, Distt. - Sitamarhi ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Murari For the Opposite Party/s :
Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 406, 409, 420, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, the petitioners are said to have misappropriated the money of the informant. When the informant went to the house of Shamshul Hoda, the accused persons named in the F.I.R. closed his main gate assaulted him
Patna High Court CR. MISC. No.29730 of 2023(2) dt.13-07-2023 2/3 and refused the return his money.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that the main accused Shamshul Hoda in already in judicial custody. He further submits that petitioner nos. 1, 2, 4 & 5 have got two criminal antecedents and petitioner no.3 has got one criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners and main accused person, namely, Shamshul Hoda is already in judicial custody, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Parihar
Patna High Court CR. MISC. No.29730 of 2023(2) dt.13-07-2023 3/3 P.S. Case No.299/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T