Shamsher Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36289 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.

Shamsher Khan Son Of Sarfu Khan Resident Of Village- Satan Bigha, P.O. -MIRZAPUR, P.S.- Meskaur, District- Nawada 2.

Imroj Khan @ Md. Emroj Khan Jahir Khan Satan Bigha Mirzapur Ps Meskaur District Nawada 3.

Kalim Khan @ Diwan Son Of Firdaus Khan Resident Of Village- Satan Bigha, P.O. -MIRZAPUR, P.S.- Meskaur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Saurabh For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the informant.

2. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2 (Imroj Khan @ Md. Emroj Khan).

3. Permission is accorded.

4. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

5. The learned counsel for the petitioners submits that the petitioner no.1 and 3 are persons with clean antecedent and on account of dispute relating to property they came to be implicated in

Patna High Court CR. MISC. No.36289 of 2024(2) dt.19-06-2024 2/2 the instant case by the informant. It is also submitted that a partition suit is pending in between the petitioners and the side of the informant. It is next submitted that though there is allegation of assault against the petitioner no.3 of assaulting Mariyam Khatoon, but then the injury suffered by her on head is simple in nature and the blow was not repeated and allegation against petitioner no.1 is of assaulting the injured by lathi but then the injury suffered is simple in nature.

6. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Sirdala P.S. Case No.01/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T