Shadab Faridi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63731 of 2024 Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Shadab Faridi Son of Ayaz Uddin Faridi R/O Mohalla- Shah Haroon Bartala, Near Baby Garden School, Sasaram, Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amritesh Kumar, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on the alleged date and time of occurrence, two groups were fighting, as a result of which one person sustained injuries and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that co-accused persons also got one accused person released from police custody.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on the suspicion. There are

Patna High Court CR. MISC. No.63731 of 2024(2) dt.25-09-2024 2/3 general and omnibus allegations and there is no specific accusation of assault against this petitioner. As a matter of fact, petitioner had gone to purchase medicine adjacent to place of occurrence, for his ailing father and merely on the basis of CCTV footage, he has been made an accused in this case. Similarly situated co-accused person, namely Mohammad Tajuddin, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 12.09.2024 passed in Cr. Misc. No. 63536 of 2024. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna, in

Patna High Court CR. MISC. No.63731 of 2024(2) dt.25-09-2024 3/3 connection with Phulwarisharif P.S. Case No. 862 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T