Md. Jahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37910 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- BARH District- Patna ====================================================== MD. JAHID Son of Md. Nasim Resident of Indrapuri, L.I.C. Road in Competition School Street, Barh, P.s. - Barh, Distt. - Patna ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Barh P.S. Case No. 64 of 2023 registered for the offences punishable under Sections 341/323/354/509/34 of the Indian Penal Code. Petitioner has one criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant has alleged that when his sisters were teased by the petitioner and his brothers, he protested the same but he was beaten by the accused persons thereafter he was hospitalized.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned
Patna High Court CR. MISC. No.37910 of 2023(3) dt.06-09-2023 2/3 counsel submits that petitioner is a street fruit vendor and poor person as also the allegations against him are general and omnibus.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case, the submission being that the allegations against the petitioner are general and omnibus and the injury on the person of the brother of the informant has been found to be simple in nature and petitioner has one criminal antecedent, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st, Barh in connection with Barh P.S. Case No. 64 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
Patna High Court CR. MISC. No.37910 of 2023(3) dt.06-09-2023 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T