Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81440 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1.

Md. Arman Son of Md Hashim R/O Vil.- Lakhaura (Bichla Tola), P.S.- Lakharua, Dist.- East Champaran.

2.

Md. Nazim Son of Md. Alam R/O Vil.- Lakhaura (Bichla Tola), P.S.- Lakharua, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Asif Kalim, Advocate :

Mr. Ranjay Kumar, Advocate For the State :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail, apprehending their arrest, in connection with Lakhaura P.S. Case No. 69 of 2024 dated 26.06.2024, registered for the offences punishable under Sections 341, 323, 147, 149, 504 and 506 of the Indian Penal Code. Subsequently Section 353 of the Indian Penal Code was added.

3. As per allegation the petitioners along with other co-accused entered into the campus of the school and started beating the children.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.81440 of 2024(2) dt.04-12-2024 2/3 petitioners are innocent and have falsely been implicated in this case. In fact they were not on the place of occurrence because petitioner No. 1, Md. Arman was not in the country at the time of occurrence and petitioner No.2, Md. Nazim was also not in the village.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has also been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the petitioners for bail submitting that the alleged offence is serious in nature and the FIR has been lodged by the school authority who has no enmity with the petitioners and the matter is still at the stage of investigation.

8. Considering the aforesaid facts and circumstances of this case. I am not persuaded to enlarge the petitioners on anticipatory bail.

9. The prayer for anticipatory bail of the petitioners stands rejected.

10. However, at the request of learned counsel for the petitioners the petitioners are at liberty to renew their prayer for

Patna High Court CR. MISC. No.81440 of 2024(2) dt.04-12-2024 3/3 bail after submission of the report.

(Jitendra Kumar, J.) ramesh/S. Ali/- U T