Md. Taufik Ali @ Md. Taufeek Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75127 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- SAKRI District- Madhubani ====================================================== 1.

Md. Taufik Ali @ Md. Taufeek Alam S/O Md. Ashfak Ali @ Md. Ashfak Alam R/O Village- Kajiyana, P.S- Sakri, Distt.- Madhubani. 2.

Md. Imran Ali @ Md. Imran Alam S/O Md. Irshad Ali @ Md. Irshad Alam R/O Village- Kajiyana, P.S- Sakri, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsels for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 303(2), 352, 351(3) and 3(5) of BNS, 2023. 3.

The allegation against the petitioners is that the petitioners and other co-accused assaulted the informant by means of garasa due to which he sustained injury. It is also alleged petitioner no.2 threatened the informant to kidnap his younger sister and will kill his full family. 4.

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

Patna High Court CR. MISC. No.75127 of 2024(2) dt.11-11-2024 2/3 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 allegation against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the injury of the informant is grievous in nature and there is specific allegation against the petitioner no.2 to threaten the informant. 6.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.2 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

However, as there is no specific overt act against the petitioner no.1, let the above named petitioner no.1, 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 Sakri P.S. Case No.155 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.75127 of 2024(2) dt.11-11-2024 3/3 under Section 482(2) of the BNSS, 2023.

8.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T