Shamshad Ahmad @ Shamshad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36170 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- SIWAN CITY District- Siwan ====================================================== Shamshad Ahmad @ Shamshad Ali son of Manzoor Alam Resident of Village- Naya Kila Nawalpur, P.S.- Siwan Town, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Irshad For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Town Police Station Case No. 413 of 2024, disclosing offences under Sections 126(2), 115(2), 109, 351(2) of the BNS, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, on 10.08.2024 at about 05:00 O'clock, informant was feeding the cow at his door, in the meanwhile petitioner along with licensee pistol in his hand came at the informant's door, and fired upon the
Patna High Court CR. MISC. No.36170 of 2025(2) dt.18-06-2025 2/3 informant with an intention to kill him, but the bullet did not hit the informant. Thereafter, petitioner assaulted the informant on his head by means of butt of the pistol. Further, it is alleged that when Sanjeet Yadav came for the rescue of the informant, both the sons of the petitioner assaulted him. Thereafter, accused persons threatened the informant and fled away.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case on the instruction of his enemies and the police. On 05.08.2024, while the petitioner was on his way to deposit Rs. 4,00,000/- from a land sale, S.H.O. Sudarshan Ram and S.I. Rajesh Kumar of Siwan Sadar assaulted the petitioner and his son and forcibly took the bag containing the money. As a result, the petitioner filed a complaint case bearing No. 2164 of 2024 against the officers and claims he has been falsely implicated in a case due to this complaint. Petitioner has no arms license. The doctor opined the injury caused to the informant as simple in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that
Patna High Court CR. MISC. No.36170 of 2025(2) dt.18-06-2025 3/3 petitioner is having six criminal antecedents of serious nature of offence and there is specific allegation against the petitioner of firing upon the informant with an intention to kill, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T