Mohammad Tahir Shekh @ Md Tahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10210 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- GURARU District- Gaya ====================================================== MOHAMMAD TAHIR SHEKH @ MD TAHIR SON OF MD. HAKIM R/O VILLAGE- JAKARIA, BUDHAUL, P.S.- KASMA, DISTRICTAURANGABAD (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 149, 323, 324, 341, 307, 448, 504 & 506 of the Indian Penal Code. The allegation against the petitioner is that he along with 25 other co-accused have assaulted the informant by means of lathi and danda.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.10210 of 2021(2) dt.13-12-2021 2/2 He has been falsely implicated in this case. As a matter of fact, at the relevant time, the petitioner was in Mumbai where he earns his livelihood and came to his village on 15.06.2020, where as the occurrence is said to have held on 29.05.2020. In support of this submission, the petitioner has annexed his train reservation ticket vide Annexure-2 to this application. There is case and counter case between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

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. 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 in connection with Guraru P.S. Case No. 64 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T