Md. Shamim Alam @ Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44842 of 2024 Arising Out of PS. Case No.-160 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Md. Shamim Alam @ Shamim Akhtar son of Late Mohammad Safiq @ Late Safiq R/o- Guabari Ps- Kundwachainpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kundwachainpur P.S. Case No. 160 of 2020 dated 15.10.2020, instituted for the offence punishable under Sections 147, 149, 323, 427, 307, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner along with other co-accused owning to prior enmity surrounded and assaulted the informant and his brother due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation

Patna High Court CR. MISC. No.44842 of 2024(2) dt.24-07-2024 2/2 against the petitioner, rather, the allegations are general and omnibus in nature. It is further submitted that the co-accused persons namely, Md. Nirale @ Imtayaz Ahmad and Md. Wakil Ahmad have been granted bail vide order dated 23.08.2023 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 49204 of 2023. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kundwachainpur P.S. Case No. 160 of 2020 , he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Sikrahana, Dhaka, Motihari, East Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T