Md. Shamim @ Samim @ Md. Samin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62358 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- BISFI District- Madhubani ====================================================== 1.

Md. Shamim @ Samim @ Md. Samin S/O Ilyas @ Md. Iliyad R/O VillageChhachhua, Uttarwi Tola, Village- Chhachhua, Post- Ghat Bhatra, P.S- Bisfi, Distt.- Madhubani.

2.

Gajala Khatoon @ Gajala Parveen D/O Md. Gulab R/O Village- Chhachhua, Uttarwi Tola, Village- Chhachhua, Post- Ghat Bhatra, P.S- Bisfi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abu Nasar, Adv For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard Mr. Abu Nasar, learned counsel for the petitioners as well as Mr. Dilip Kumar No.1, learned APP for the State. 2.

The petitioners apprehend their arrest in connection with Bisfi P.S. Case No.390 of 2023, registered for the offence punishable under Sections 406, 409, 420, 34 of the Indian Penal Code.

3.

There is an allegation of embezzlement of Government fund against the petitioners.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.62358 of 2024(2) dt.01-10-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have 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 as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

8.

However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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