Md. Nahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74781 of 2023 Arising Out of PS. Case No.-140 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== Md. Nahid Son Of Md. Moti Resident Of Village - Senapath Ps- Town, DisttDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 149, 336, 353, 323 and 342 of the Indian Penal Code.
3. It is submitted by learned counsel for the petitioner that 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 admitted land dispute between the parties. Both sides have filed cases against each other. Similarly situated coaccused persons have been enlarged on bail by a co-ordinate bench of this court vide order dated 04.07.2023 passed in Cr. Misc. No. 21442 of 2023. He further submits that co-accused
Patna High Court CR. MISC. No.74781 of 2023(2) dt.04-12-2023 2/2 have been granted anticipatory bail who are not named in the F.I.R. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.
5. Considering the facts and circumstances of case, petitioner is named in the F.I.R., I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) annpurna/- U T