Md. Shamsher Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82974 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== 1.

MD. SHAMSHER ALI SON OF MD. YUSUF ANSARI R/O VILLAGEJAHANGIRPUR KOTHIA, P.S.- KHANPUR, DIST.- SAMASTIPUR 2.

MD. DANISH ANSARI SON OF SAIUM ANSARI R/O VILLAGEJAHANGIRPUR KOTHIA, P.S.- KHANPUR, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 354(B), 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioners is that the petitioners and other co-accused persons entered into the house of the informant and assaulted the informant's side.

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 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 overt act

Patna High Court CR. MISC. No.82974 of 2023(2) dt.08-01-2024 2/2 against the petitioners. He submits that the cause of false implication of the petitioners in the present case is Khanpur P.S. Case No.127 of 2023, which was lodged by co-accused Anwarul Ansari against the informant. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Kanpur P.S. Case No.205 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T