Sk. Rahmatullah @ Rahmatullah Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56118 of 2023 Arising Out of PS. Case No.-288 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Sk. Rahmatullah @ Rahmatullah Shekh Son Of Anabarul Haque @ Anwarul Haque Village- Rakhahi Ps- Shikarpur Dist- West Champaran 2.

Md. Kamrul @ Kamrul Shekh Son Of Anabarul Haque @ Anwarul Haque Village- Rakhahi Ps- Shikarpur Dist- West Champaran 3.

Sk. Saitullah @ Saitullah Shekh Son Of Anabarul Haque @ Anawarul Haque Village- Rakhahi Ps- Shikarpur Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Ms. Bharti Rai For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioners along with other accused persons have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.56118 of 2023(2) dt.14-09-2023 2/2 specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that there is case and counter case between the parties and both sides have sustained injuries and the injuries were found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and there is no specific overt act against the petitioner, 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Shikarpur P.S. Case No.288 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T