Md. Faiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43461 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
Md. Faiyaz Son Of Late Md. Manjoor Alam @ Manjoor @ Mango Resident Of Village- South Puraini, Ps- Jagdishpur, District- Bhagalpur 2.
Md. Saban Son Of Shamshad Resident Of Village- South Puraini, PsJagdishpur, District- Bhagalpur 3.
Md. Sazzad @ Saja Son Of Late Bakruddin Resident Of Village- South Puraini, Ps- Jagdishpur, District- Bhagalpur 4.
Md. Asif @ Abdul Kadir Son Of Md. Shakeel Resident Of Village- South Puraini, Ps- Jagdishpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379 and 385/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, all the accused persons including the petitioners are said to have demanded extortion money to the tune of Rs. 50,000/- from the son of the informant and on the non-fulfillment of the same they have assaulted his son due to which he received injury.
Patna High Court CR. MISC. No.43461 of 2023(2) dt.18-08-2023 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is specific overt act against the co-accused Md. Shamim who assaulted the some of the informant by means of knife. He further submits that the injury found upon the victim is simple in nature. He further submits that petitioner no.1 has got four criminal antecedents, petitioner no.2 has got one criminal antecedent and petitioner nos.3 & 4 have got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with
Patna High Court CR. MISC. No.43461 of 2023(2) dt.18-08-2023 3/3 Jagdishpur P.S. Case No.292 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T