Ehotsam Khan @ Md. Ahtesham Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74426 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Ehotsam Khan @ Md. Ahtesham Ali Son of Md. Hasibur Rahman Resident of Barheta Ganga Ram, P.O.- Losari, P.S.- Hauthori, Distt.- Muzaffarpur 2.

Raishab Khan @ Md Faisal Raza Son of Md. Hasibur Rahman Resident of Barheta Ganga Ram, P.O.- Losari, P.S.- Hauthori, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Advocate Ms. Manini Jaiswal, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 329(3), 352, 351(2), 303(2) of the B.N.S. 2023.

3.

As per the FIR, the allegation against the petitioners is that they and other co-accused persons assaulted the informant's side by means of several weapons.

4.

It is submitted by learned Senior 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

Patna High Court CR. MISC. No.74426 of 2024(5) dt.14-02-2025 2/2 taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is further submitted that though one injury was found grievous in nature but petitioners are not the author of the said injury. Petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case, since 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 Hathauri P.S. Case No.126 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) shikha/- U T