Dilnwaj Shekh @ Dilnawaz Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48747 of 2023 Arising Out of PS. Case No.-331 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Dilnwaj Shekh @ Dilnawaz Sheikh, S/O Nasir Sheikh, R/O Village- Muraul, P.S- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bajpatti P.S. Case No.331/2021 registered on 21.11.2021 for the offences punishable under Sections 435, 436, 427, 34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against five named accused persons, including the petitioner to the effect that they have put the car of the informant on fire causing a loss to the tune of Rs.5,00,000/-.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. As per the content of the FIR, it transpires that there is nothing against the petitioner. The present case has been lodged only to

Patna High Court CR. MISC. No.48747 of 2023(2) dt.11-08-2023 2/2 put pressure upon the petitioner to compromise the earlier criminal case lodged by his mother Bajpatti P.S. Case No. 397/2020 against the present informant. Moreover, similarly situated co-accused, namely, Fekan Safi @ Mahiuddin Safi has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.01.2023 passed in Criminal Miscellaneous No. 51928 of 2022. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In the facts and circumstances, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No.331/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T