Md. Irshad @ Md. Irshad Khan v. The Stata Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39399 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== 1.

MD. IRSHAD @ MD. IRSHAD KHAN S/O MD. SAUKAT KHAN R/O Village- Rampur, P.S- Ariari, Distt.- Sheikhpura. 2.

Md. Pappu S/O Md. Rafique R/O Kamalpur, Gondapur, P.S- Nawada, Distt.- Nawada.

... ... Petitioner/s

Versus

THE STATA OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Choudhary For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 427, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that in course of selling his fish when the informant reached near Kaitha village, a motorcyclist came there and threatened him not to sale his fish in the village. It is further alleged that the accused persons snatched away a sum of Rs. 1,79,530/- from possession of the informant.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.39399 of 2023(3) dt.16-10-2023 2/2 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that petitioner are doing wholesale business of fish the informant is retailer of fish. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chandradeep P.S. Case No.221 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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