Md. Shamim @ Shamshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75250 of 2022 Arising Out of PS. Case No.-487 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MD. SHAMIM @ SHAMSHAD ALAM Son of Md. Akram Hussain R/VMohalla- Pathan Toli Aurangabad, P.S- Aurangabad Town, Dist- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 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 147, 148, 149, 341, 323, 332, 333, 337, 338, 353, 186, 307, 504, 506, 427 & 386 of the Indian Penal Code, Section 3⁄4 of the Explosive Substance Act, Section 3⁄4 of the Public Property Damage Act, Section 27 of the Arms Act and Section 67 of the Information Technology Act.
The petitioners in association of several other coaccused is said to have caused obstructions to deter the police personnel in performing their public duties while protesting against enactment of the Citizenship Amendment Act. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.75250 of 2022(2) dt.05-04-2023 2/2 He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is no direct evidence or material against the petitioner to show his involvement in the present case. It is also submitted that several similarly situated co-accused persons have been enlarged on bail by different co-ordinate bench of this court and the aforesaid orders have been annexed as Annexure-2 series to this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case, 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 Aurangabad Town P.S. Case No. 487 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T