Md. Hasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34420 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Hasim S/o Late Abdullah Shakur R/O MOHALLA CHHATA MASJID BARI ROAD P S KOTWALI DISTRICT GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 307, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a senior citizen aged about 75 years, is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that from the side of the petitioner Md. Umair had instituted Mufassil P.S. Case No. 43 of 2024 against the informant and his side. It is next submitted that this infuriated the informant to falsely implicate the petitioner and his side in the instant case when
Patna High Court CR. MISC. No.34420 of 2024(4) dt.02-07-2024 2/3 allegation of firing is against Vishnu Pandey. It is also submitted that no doubt the informant received gunshot injury and firing was also done and seven cartridges were recovered from the place of occurrence but then the petitioner is not alleged to have fired or caused firearm injury. It is further submitted that a person who has remained a person with clean antecedent all throughout his life has been made a criminal with general and omnibus allegation when he is nearing to his grave.
4. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that petitioner is a senior citizen aged about 75 years and no specific allegation is alleged against him.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.10,000/- (Rupees Ten 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 Gaya
Patna High Court CR. MISC. No.34420 of 2024(4) dt.02-07-2024 3/3 Mufassil P.S. Case No. 51 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T