Md. Shahid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49525 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== MD. SHAHID HUSSAIN Son of Md. Zahid Hussain Resident of Village - Madhopur (Sultanpur Thahar), P.S.- Runnisaidpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused person for a denial to pay extortion money, stabbed the informant with a knife to kill him. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The alleged occurrence took place on 09.07.2020 but the FIR has been instituted on 27.07.2020 i.e. after a delay of 18 days and the said

Patna High Court CR. MISC. No.49525 of 2021(3) dt.23-06-2022 2/2 FIR was received in the Court after a delay of six days and no plausible explanation has been given for such delay, which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the delay in lodging the FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Belsand P.S. Case No.78/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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