Khurshid Anwar @ Khurshid Malick @ Nanhe Kawadi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57164 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== 1.

KHURSHID ANWAR @ KHURSHID MALICK @ NANHE KAWADI Son of Late Zafar Malik @ Zafar Imam Resident of Mohalla- Kathokar Talab, Inayat Coloney, P.S- Civil Line, Dist- Gaya 2.

Surendra Prasad @ Surendra Prasad Soni @ Baliya Son of Sudheshwar Prasad Resident of Near Shiv Mandir, Mirza Das Mohammad Lane, P.SCivil Line, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 307, 379, 504, 506 and 34 of the IPC.

Allegedly, the above named accused petitioners along with other co-accused persons were smoking ganja and they were making illicit comments on ladies and by-passers and when the informant objected them, they started abusing him and they also assaulted the informant. Petitioner no.1 is said to have assaulted informant by means of iron angle on his head and petitioner no.2 assaulted him on his back by iron rod and

Patna High Court CR. MISC. No.57164 of 2022(2) dt.20-12-2022 2/3 snatched Rs. 16500/- from his pocket.

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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Whole allegation in the FIR is totally wrong and baseless. It is further submitted that the informant was having some dispute with some customers and the informant was indulged in some argument with them and thereafter got engaged in some fight. When the petitioners went to pacify the matter, the informant started abusing the petitioners during which informant got some injury which was simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioners, be released on bail, in the event of their 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/Successor Court in connection with Civil

Patna High Court CR. MISC. No.57164 of 2022(2) dt.20-12-2022 3/3 Line P.S. Case No.33 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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