Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68752 of 2022 Arising Out of PS. Case No.-292 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

MD. SHAMIM Son of Md. Jainul Resident of Village- Koilakh, P.S.- Rajnagar, District- Madhubani 2.

MD. ALAM Son of Md. Jainul Resident of Village- Koilakh, P.S.- Rajnagar, District- Madhubani 3.

MD. HAJARAT Son of Md. Jainul Resident of Village- Koilakh, P.S.- Rajnagar, District- Madhubani 4.

MD. KUDARAT Son of Md. Jainul Resident of Village- Koilakh, P.S.- Rajnagar, District- Madhubani 5.

MD. RAJA @ MD. IRASAD Son of Md. Shamim Resident of VillageKoilakh, P.S.- Rajnagar, District- Madhubani 6.

MD. JAINUL Son of Late Shamsul Haque Resident of Village- Koilakh, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 504, 447, 323, 324, 325, 308, 354, 34 of the Indian Penal Code. The allegation against the petitioners is that they went to the house of the informant and assaulted him and his family members due to which they sustained injuries.

Patna High Court CR. MISC. No.68752 of 2022(2) dt.24-01-2023 2/3 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 a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries sustained by the injured persons are found to be simple in nature caused by hard and blunt substance. Petitioners have no criminal antecedent except petitioner no.6, he has three 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 court below where the case is pending/Successor Court in connection with Rajnagar P.S. Case No.292 of 2020; C.R.I

Patna High Court CR. MISC. No.68752 of 2022(2) dt.24-01-2023 3/3 No.2194 of 2020; TR NO.81 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