Akib Miyan @ Kashim Gauhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50565 of 2024 Arising Out of PS. Case No.-81 Year-2022 Thana- KHIRI MORE District- Patna ====================================================== Akib Miyan @ Kashim Gauhar Son of Mustaq Ahmad Resident of Village - Katka, Police Station - Khiri More, District - Patna 804426. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravi Shankar, Adv.
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 & 379 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant's side brutally with deadly weapons due to which they got injured and sustained serious injuries. They also snatched the golden locket from the neck of one Anjali Devi and Jhumka from the possession of the wife of one Baijnath Saw.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.50565 of 2024(2) dt.21-08-2024 2/3 that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. It is further submitted that the similarly situated co-accused persons have been enlarged on bail by this court vide order dated 06.02.2024 passed in Cr. Misc. No. 217 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner and similarly situated co-accused have been granted bail by this Court, 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
Patna High Court CR. MISC. No.50565 of 2024(2) dt.21-08-2024 3/3 Court in connection with Khiri More P.S. Case No. 81 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T