Md. Sheru Sarif @ Jamir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56548 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- ARIYARI District- Sheikhpura ====================================================== Md. Sheru Sarif @ Jamir Khan, Son of Rashid Khan @ Md. Rashi Abdur, R/V- Village- Saniya, P.S.- Ariyari, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ariyari P.S. Case No.135 of 2024 instituted under Sections 295, 295(A) & 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner have tried to escalate tension between two communities by throwing piece of meat of goat in a pond located at Sanaiya village.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He further submits that there is no communal riot in the Sanaiya village. Learned counsel also submits that there is no eye witness of the alleged occurrence.

Patna High Court CR. MISC. No.56548 of 2024(3) dt.18-10-2024 2/2 Petitioner has two criminal antecedents in which he is on bail and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-Ist Class, Sheikhpura / Concerned Trial Court in connection with Ariyari P.S. Case No.135 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T