← Library
Patna High CourtCR. MISC./42182/2022allowed

Mr. Shaif Ali v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42182 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== 1.

Mr. Shaif Ali S/O Md. Nashim R/O Village- Singhwara, P.S.- Katra, DistrictMuzaffarpur 2.

Mr. Arzoo Sheikh S/O Md. Nashim R/O Village- Singhwara, P.S.- Katra, District- Muzaffarpur 3.

Md. Nashim S/O Md. Hadishul Haque R/O Village- Singhwara, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Katra P.S. Case no. 217 of 2021 instituted for the offence under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

It is a case of snatching of Rs. 27 thousand from the informant and assaulting him by means of iron rod and bricks due to which he sustained injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have got no criminal antecedent. Both

Patna High Court CR. MISC. No.42182 of 2022(2) dt.07-12-2022 2/2 parties are neighbours and a dispute of passage was going on between them due to which the petitioners have falsely been made accused in the present case. From perusal of impugned order is apparent that the injury sustained by informant on vital part of body but nature of injury is not mentioned. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Katra P.S. Case no. 217 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T