Seraj Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46471 of 2023 Arising Out of PS. Case No.-380 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Seraj Ahmad S/O Late Ali Ahmad R/O Village- Takia Yakub, Ps. Gopalganj Nagar, Dist. Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Gopalganj Nagar P.S. Case No. 380 of 2019 registered for the offence punishable under Sections 307 / 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per prosecution case, a Panchayat was going on at the door of Mukhiya Jee regarding money dispute between Ajaz Ahmad @ Tuntun and Fakhruddin Sheikh and both side started abusing and assaulting each other and when informant along with other persons reached the spot, some unknown person fired due to which informant and other persons were injured.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.46471 of 2023(2) dt.19-08-2023 2/2 petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that the F.I.R. was filed against the unknown and no overt act has been attributed to the petitioner. During investigation he was implicated as a member of mob in this case due to village politics. There is no material against the petitioner. Petitioner has one criminal antecedent in which he is on bail.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Nagar P.S. Case No. 380 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shweta/- U T