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Patna High CourtCR. MISC./65056/2022allowed

Shahjad @ Baua @ Shahjad Alam @ Md Shahjad v. The State Of Bihar

2023-02-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65056 of 2022 Arising Out of PS. Case No.-179 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== Shahjad @ Baua @ Shahjad Alam @ Md Shahjad S/O Late Salauddin R/O Bhaluhipur, C.K Road, Ara, P.S- Ara Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Ara Nagar P.S. Case No.179 of 2020, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act. The co-accused persons fired upon the informant causing injuries to him. The petitioner was also present with the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that similarly situated co-accused, Md. Monu has already been

Patna High Court CR. MISC. No.65056 of 2022(2) dt.24-02-2023 2/2 enlarged on anticipatory bail by this Court vide order dated 11.04.2022, passed in Cr. Misc. No.43261 of 2021. It is also submitted that specific allegation of firing is against co-accused, Md. Javed and Md. Salim @ Munna.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the fact that similarly situated co-accused persons has already been enlarged on anticipatory bail by this Court, let petitioner, above named, 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 learned C.J.M., Bhojpur at Ara in connection with Ara Nagar P.S. Case No.179 of 2020, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T