Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84723 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Md. Imran S/O Late Abdul Karim Quraishi @ Abdul Karim R/O Quraishi Mohalla, P.S.- Aurangabad Town, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard Mr. Krishna Prasad Singh learned Sr. counsel assisted by Mr. Bhaskar Shankar for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Aurangabad P.S. Case No. 203 of 2023 dated 19.03.2023, registered for the offence punishable u/s 307, 353, 323, 325, 186, 427, 504, 506, 147, 148 and 149 of the I.P.C. and u/s 27 of the Arms Act, pending in the court of learned C.J.M., Aurangabad.

3. As per the F.I.R., the allegation against the petitioner is that he along with other co-accused persons have attacked on the government servant to prevent them from doing their official duty. It is also alleged that they have assaulted the the informant side and damaged the vehicle.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in

Patna High Court CR. MISC. No.84723 of 2023(2) dt.15-01-2024 2/2 this case due to previous grudge. The allegations levelled against the petitioner is general and omnibus in nature. He further submits that petitioner has allegedly damaged the vehicle only and he has not touched the body of the injured persons. There is no specific overt act against the petitioner.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, and present case is not fit case for grant of anticipatory bail, hence he does not desrve anticipatory bail.

6. Considering the facts and circumstances of case, the nature of offence is serious hence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. Considering the fact that petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) annpurna/- U T