Ajmeri Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67696 of 2022 Arising Out of PS. Case No.-523 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

AJMERI KHATOON Wife of Md. Afjal R/V- Hardia, P.S- Muffasil, DistBegusarai 2.

Md. Samsuddin Son of Late Md. Jajo @ Late Md. Jago R/V- Hardia, P.SMuffasil, Dist- Begusarai 3.

Md. Azad @ Md. Aazad Son of Md. Hasmat @ Mohammad Hashmat R/VHardia, P.S- Muffasil, Dist- Begusarai 4.

Md. Samid Son of Late Md. Alauddin @ Md. Alauddin R/V- Hardia, P.SMuffasil, Dist- Begusarai 5.

Md. Hadis Son of Late Md. Alauddin @ Md. Alauddin R/V- Hardia, P.SMuffasil, Dist- Begusarai 6.

Md. Jainul Son of Md. Ishak R/V- Hardia, P.S- Muffasil, Dist- Begusarai 7.

Md. Shahid @ Md. Sahid Son of Md. Rahmat R/V- Hardia, P.S- Muffasil, Dist- Begusarai 8.

Md. Zabir Son of Md. Akhtar R/V- Hardia, P.S- Muffasil, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 353, 224, 225 of the Indian Penal Code.

The allegation against the petitioners is that when the informant went to the house of co-accused Md. Afzal to arrest

Patna High Court CR. MISC. No.67696 of 2022(2) dt.25-02-2023 2/3 him, then the petitioners started scuffling with him and tried to snatch the arms of armed forces and also tried to free the coaccused Md. Afzal from the custody of the police. It is submitted by learned 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 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. The FIR has been lodged against the petitioners and 50-60 unknown accused persons. Petitioner nos.1, 2, 4, 6, 7, 8 have no criminal antecedent and petitioner no.3 and 5 have one criminal antecedent, as also mentioned in para-3 of the bail application.

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 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

Patna High Court CR. MISC. No.67696 of 2022(2) dt.25-02-2023 3/3 court below where the case is pending/Successor Court in connection with Mufassil P.S. Case No.523 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