Md. Shah Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37733 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Md. Shah Alam S/O Md. Nago R/O Village- Sukhaibasa, Ps. Beldaur, Dist. Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Beldaur P.S. Case No. 178 of 2022 registered for the offences punishable under Sections 341, 323, 324, 332, 333, 353/34 of the Indian Penal Code pending in the Court of learned Judicial Magistrate 1st Class, Khagaria.

3. As per the prosecution case, the petitioner along with 24 FIR named accused persons and 150 unknown persons came armed with lathi, danda and started force to deter public servant from discharge of his duty. On objection raised by the informant accused persons started abusing him and started throwing chilli powder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37733 of 2023(2) dt.31-07-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. The petitioner is only member of the mob. The petitioner has one criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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