← Library
Patna High CourtCR. MISC./65694/2022allowed

Md. Quasim @ Kashim v. The State Of Bihar

2023-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65694 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== MD. QUASIM @ KASHIM Son of Late Gafoor Mian Resident of VillageBidhipur, P.S.- Sakara, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

The allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the informant and petitioner

Patna High Court CR. MISC. No.65694 of 2022(2) dt.17-01-2023 2/2 are own brother and there is previous litigation between both families regarding partition of land. The specific allegation is against the co-accused Md. Kudush to inflict knife blow upon the son and nephew of the informant. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Sakara P.S. Case No.60 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T