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Patna High CourtCR. MISC./46474/2023allowed

Shahid Ansari @ Md. Shahid Hussain v. The State Of Bihar

2023-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46474 of 2023 Arising Out of PS. Case No.-326 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Shahid Ansari @ Md. Shahid Hussain Son of Kashim Ansari R/o Village - Purani Sahar, Jat Tola, Ward No.- 04, P.S.- Daudnagar, District - Aurangabad (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, 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 Daudnagar P.S. Case No. 326 of 2019 registered for the offence punishable under Sections 341, 323, 325, 504 / 34 of the Indian Penal Code later on added Section 307 of the Indian Penal Code.

3. As per prosecution case, the named accused persons including the petitioner assaulted the mother of the informant with lathi and bricks which caused head injury to her.

4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. There is no specific allegation

Patna High Court CR. MISC. No.46474 of 2023(2) dt.19-08-2023 2/2 against the petitioner, the allegation is general and omnibus in nature. He further submits that police has submitted final report against the petitioner. However, learned court below has taken cognizance against the accused persons including the petitioner under Section 341, 323, 325, 307 and 34 of the I.P.C. The petitioner has no criminal antecedent.

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 Sub-Divisonal Judicial Magistrate, Daudnagar, Aurangabad Bihar in connection with Daudnagar P.S. Case No. 326 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