Patna High CourtCR. MISC./58529/2024dismissed

Md. Shamim v. The State Of Bihar

2024-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58529 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- JOGBANI District- Araria ====================================================== Md. Shamim Son of Md. Islam Resident of Village - Chanda Mohan, Ward No. - 05, P.S.- Jogbani District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the State :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Sanjay Kumar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Jogbani P.S. Case No. 49 of 2024 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have assaulted the informant's side.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.58529 of 2024(3) dt.19-11-2024 2/2 there is no specific overt act against the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the injury sustained by injured person is found grievous in nature.

6. Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent and there is land dispute between the parties. (Anjani Kumar Sharan, J) anand/- U T