Md. Anjar @ Anjar Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57193 of 2022 Arising Out of PS. Case No.-16 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== 1.
Md. Anjar @ Anjar Ahmad Son Of Late Md. Jalil @ Abdul Jalil At Present Resident Of Rz 206, Nand Vihar, Kakrola, P.S.- South West Sector-17 DistDwarka, South West Delhi-110078, Permanent Resident Of Village Khangura, P.S- Katra, District- Muzaffarpur 2.
Md. Gulsain Son Of Late Abul Jalil @ Md. Jalil At Present Resident Of Village- Shivdaspur, P.S- Katra, District- Muzaffarpur, Permanent Resident Of Village- Khangura, P.S- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Wasi Akhtar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 447, 448, 380, 354B, 504, 427, 506 of the Indian Penal Code.
Petitioners along with other accused persons are said to have assaulted the informant and took away Rs. 20,000/- cash and ornament.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the informant of this case was driving
Patna High Court CR. MISC. No.57193 of 2022(2) dt.02-01-2023 2/3 motorcycle rashly and negligently and consequently caused injury to a village girl and Anil Sah who was riding on the bike also sustained injury. When petitiones protested, the informant lodged the present case. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against petitioner no. 1 who assaulted to Anil Sah and the injury found upon the victim is grievous in nature.
Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner no. 2, let the above named petitioner no. 2 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Katra P.S. Case No. 16 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
So far as petitioner no. 1 is concerned, there is specific allegation against the petitioner no. 1, I am not inclined
Patna High Court CR. MISC. No.57193 of 2022(2) dt.02-01-2023 3/3 to enlarge the petitioner no. 1 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.
(Anjani Kumar Sharan, J) devendra/- U T