Mohammed Shahid Hussain @ Shahid Shekh @ Shahid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37997 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- SIWAN CITY District- Siwan ====================================================== Mohammed Shahid Hussain @ Shahid Shekh @ Shahid Hussain, S/O Saheb Hussain, Resident of Mohaddipur, P.S.- Musffasil, Dist.- Siwan, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-07-2025 Heard Mr. Ravi Prakash Dwivedi, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siwan (Town) P.S. Case No. 73 of 2025 instituted for the offence under Sections 126(2), 329(3), 109, 303(2) and 3(5) of B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner along with others have snatched the mobile of the informant. When the informant and his brother Umar Taufik started demanding the mobile failing which they will file a case it is alleged that this petitioner exhorted Shamim Raza Khan to kill and on this, one co-accused Miran Khan fired with his pistol to

Patna High Court CR. MISC. No.37997 of 2025(2) dt.11-07-2025 2/3 Umar Taufik. The gun shot hit in the waist of Umar Taufik. After this, the accused persons fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The only allegation against the petitioner is that he has ordered the co-accused persons to fire. It is apparent from the F.I.R. itself that only allegation against the petitioner is that of giving order. The learned counsel for the petitioner has also submitted that two other co-accused persons have been granted bail by trial Court itself. Petitioner is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner and has stated that the petitioner and others are member of a gang who were involved in snatching the mobiles.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Siwan (Town) P.S. Case No. 73 of 2025, he

Patna High Court CR. MISC. No.37997 of 2025(2) dt.11-07-2025 3/3 will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, subject to the conditions as laid down under section 482 (2) of the B.N.S.S. (Ashok Kumar Pandey, J) lata/- U T