Hashim Safi @ Md. Hashim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1361 of 2023 Arising Out of PS. Case No.-305 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== 1.

HASHIM SAFI @ MD. HASHIM Son of Salim Safi Resident of VillageKalapatti Barhi, P.S.- Phulparash, District- Madhubani 2.

ZAKIR SAFI @ MD ZAKIR Son of Salim Safi Resident of VillageKalapatti Barhi, P.S.- Phulparash, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is specific overt act against the co-accused Salim Safi and injuries found upon the victim are grievous in nature. He submits that there is allegation against petitioner no.1 to assault the son of the informant and allegation

Patna High Court CR. MISC. No.1361 of 2023(2) dt.07-02-2023 2/2 against the petitioner no.2 to assault the informant and injuries found upon the victims are simple in nature. He further submits that petitioner no.2 has got one criminal antecedent and petitioner no.1 has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Phulparash P.S. Case No.305/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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