Md. Ushman @Seikh Ushman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40179 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== MD. USHMAN @SEIKH USHMAN SON OF LATE SEIKH MUBARAK RESIDENT OF VILLAGE - KISHANDASPUR, MADARSA TOLA, PSBUDHUCHAK, DISTT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Rajdeep :
Mr. N.K. Agarwal For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 307, 323, 325, 354(B), 379, 504, 506, 448 of the Indian Penal Code.
3. The informant alleges that accused persons including the petitioner came and assaulted him, further, Samsad assaulted his son (deceased) with an iron rod causing injury, thereafter, Sajid, Wajid, Chand, Falal, Sehenshah, Kehnoor and Sheikh DM assaulted his family members who came to save his son and Kehnoor snatched Rs. 2,000/- from him and Wajid assaulted his wife and torn her cloths.
4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next
Patna High Court CR. MISC. No.40179 of 2023(2) dt.02-08-2023 2/2 submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioner, it is next submitted that the petitioner is own brother of the informant and they are having dispute relating to property, as such, the petitioner was implicated without alleging any overt act.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 trial court 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 trial court where the case is pending/successor court in connection with Budhuchak P.S. Case No. 20 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T