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Patna High CourtCR. MISC./70720/2022allowed

Md. Kashif Obais @ Md. Taushif @ Md. Tausif v. The State Of Bihar

2023-01-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70720 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== MD. KASHIF OBAIS @ MD. TAUSHIF @ MD. TAUSIF S/o Md. Obais R/o Village- Baro, Durga Sthan, P.S.- Barauni, Garhara, O.P., Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 354(A), 427, 307, 34 of the Indian Penal Code. Allegedly, petitioners are said to have assaulted the informant and his son and looted five thousand cash. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have filed cases against each other. The injury sustained by the

Patna High Court CR. MISC. No.70720 of 2022(2) dt.31-01-2023 2/2 son of the informant, namely, Shyam Kumar is simple in nature. Similarly situated co-accused person has been enlarged on bail by a co-ordinate bench of this court vide order dated 14.09.2022 passed in Cr. Misc. No. 31460 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of his 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) 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 Barauni P.S. Case No. 26 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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