Md. Shamim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60220 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- TARABARI District- Araria ====================================================== 1.
MD. SHAMIM Son of Sageer R/o Village- Balwat P.S.- Tarabari, DistrictAraria. 2.
Wahid Son of Zainuddin R/o Village- Baturbari, P.S.- Tarabari, DistrictAraria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s :
Mr. Santanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 363, 384, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 25.02.2021 at about 06:15 p.m. when he was returning to Kursakanta, the accused along with four unknown persons stopped him and started abusing him and also took away Rs. 30,000/- from his possession and threatened not to disclose the occurrence to anyone otherwise he would be killed. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.60220 of 2021(2) dt.12-07-2022 2/2 petitioners have been falsely implicate in the present case, it is next submitted that petitioners and the informant are known to each other and no prudent man would commit such an occurrence knowing that informant recognizes him and thus will disclose his name. It is next submitted that informant is a contractor and the petitioners are laborer and the informant had given Rs. 30,000/- to his neighbour by way of wages as it has come in Paragraphs 9, 10 and 13 and 14 of the case diary. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tarabari P.S. Case No. 22 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T