Rashid Mirza Beg @ Rashid Beg v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39922 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rashid Mirza Beg @ Rashid Beg S/O Mira Jahid Beg R/O MohallaShahjuma, P.o.- Sasaram, P.s.- Sasaram, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-07-2025 Heard Mr.Akash Kumar Mishra, learned counsel for the petitioner and Mr.Syed Ehteshamuddin, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sasaram Town P.S.Case No.384 of 2024, FIR dated 26.04.2024 registered for the offences punishable under Sections 147,149,323,341,354B,354A,379,385,427,448,504 and 506 of IPC.
3. As per FIR, allegation against the petitioner including other co-accused persons is that they abused the informant and assaulted the father-in-law Jalaludin Ansari and there is no specific allegation against the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been
2/4 implicated in the present case. Although the petitioner is named in the FIR but it appears from the FIR itself that due to admitted land dispute, the present occurrence had taken place and there is no specific allegation against the petitioner in the present FIR and specific allegation of assault is attributed against other coaccused persons and similarly situated co-accused person, namely, Mujafar Imam @ Saiyad Muhammad Mujafar @ Saiyad Muhammad and Bali Imam have been granted privilege of anticipatory bail by this Court vide order dated 21.05.2025 passed in Cr. Misc. No.33462 of 2025 and co-accused person, namely, Saiyad Haider Imam @ Haider Imam @ Guddu has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 21.05.2025 passed in Cr. Misc. No.31304 of 2025 respectively.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, the petitioner has clean antecedent, there is no specific allegation against the petitioner and similarly situated co-accused persons have been granted privilege of anticipatory bail/regular bail by a Coordinate Bench of this Hon'ble Court or by this Court, let the
3/4 petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Town P.S.Case No.384 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bonds shall be cancelled by the Court below.
(II) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her
4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T