Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62604 of 2023 Arising Out of PS. Case No.-211 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

MD. SALAM S/O MD. ASLAM R/O VILLAGE- PANCHAIYATI AKHARA, EQBAL NAGAR, NEAR PANI TANKI, PS. KOTWALI, DIST. GAYA 2.

MD. IMRAN KHAN @ MOHAMMAD IMRAN KHAN S/O MOHAMMAD IBRAR KHAN R/O VILLAGE- PANCHAIYATI AKHARA, EQBAL NAGAR, NEAR PANI TANKI, PS. KOTWALI, DIST. GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Alamdar Hussain Mr. Shashi Bhushan Kumar Mr. Chandra Kishore Kumar Mr. Alok Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 353, 420 and other allied Sections of the Indian Penal Code.

3. Allegedly, the petitioners and other co-accused persons are said to have been involved in illegal business of gambling and they also pelted stone on police persons.

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

Patna High Court CR. MISC. No.62604 of 2023(2) dt.19-10-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the main accused namely, Md. Minhaj has been granted bail by a co-ordinate Bench of this Court vide order dated 20.12.2021 passed in Cr. Misc. No.20142 of 2021. Petitioners have no 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, 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 Kotwali P.S. Case No.211 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T