Md. Vasim @ Md. Vasim Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73923 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.

Md. Vasim @ Md. Vasim Ahmad Son Of Kalim Udin R/O Village - Bairiya Ward No.- 8, P.S. - Narpatganj, District - Araria. 2.

Md. Nasim Son Of Kalim Udin R/O Village - Bairiya Ward No.- 8, P.S. - Narpatganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Forbisganj P.S. Case No. 444 of 2023 dated 21.05.2023 registered for the offences punishable under Sections 341, 323, 325, 326 and 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the informant got an information that her husband was shot. In the hospital the

Patna High Court CR. MISC. No.73923 of 2023(2) dt.06-12-2023 2/3 informant's husband told that petitioners along with other coaccused persons boarded on two motorcycles with an intention to kill shot on his abdomen near the tea shop of the petitioner No. 2.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. As per the impugned order, the informant's husband has stated that the co-accused Md. Arman opened fired on him which hit his chest. It is further submitted that the impugned order does not show any injury. The petitioners are accused in four other criminal cases as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Forbisganj P.S. Case No.

Patna High Court CR. MISC. No.73923 of 2023(2) dt.06-12-2023 3/3 444 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T