Md. Shahzad Alam @ Md. Shahzad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75862 of 2024 Arising Out of PS. Case No.-621 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Md. Shahzad Alam @ Md. Shahzad Son of Late Shanwar Quraishi Resident of Mohalla- Shahebganj Chiktali, P.O. -Chapra, P.S.- Chapra Town, DistrictSaran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawnit Kumar Tiwary For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Chapra Town P.S Case No. 621/2023 dated 01.08.2023 registered for the offences punishable u/ss 452, 341, 323, 364, 379, 504 and 506 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the co-accused persons are alleged to have abducted the informant's son and assaulted him. When the informant reached there and went to rescue, the co-accused persons assaulted him and snatched money, purse and mobile phone.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.75862 of 2024(2) dt.20-06-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the case during the statement of victim namely Akhlaquzama @ Imran recorded under Section 164 of the Cr.P.C. It is further submitted that the informant's son has gulped the money of the petitioner and many others. It is further submitted that there is no injury report on record to support the allegation of assault. No offence u/s 364 of the IPC is made out against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The coaccused person has already been granted anticipatory bail by this Court vide order dated 11.03.2024 passed in Cr. Misc. No. 10491 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.75862 of 2024(2) dt.20-06-2025 3/3 amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Chapra Town P.S Case No. 621/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T