Sah Noor Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60977 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- SIKTI District- Araria ====================================================== 1.

Sah Noor Hasan S/O Sah Yasin R/O Village- Salguri, Ward No. 03, Pararia, P.S- Sikti, Distt.- Araria.

2.

Sah Jamshed S/O Sah Yasin R/O Village- Salguri, Ward No. 03, Pararia, P.SSikti, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dheeraj Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 143, 341, 323, 324, 307, 354, 504, 506 of the Indian Penal Code.

3.

As per the FIR, the petitioners and other co-accused persons went to the shop of the informant and assaulted the informant and her husband.

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 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.60977 of 2024(2) dt.25-09-2024 2/2 against the petitioners. He further submitted that both the parties are agnates and there is an old dispute going on between them. He further submitted that the injuries are of simple nature. Petitioners have one 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 there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Sikti P.S. Case No.35 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T