Wasim Naiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85821 of 2023 Arising Out of PS. Case No.-39 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== WASIM NAIYAR SON OF NASIMUDDIN RESIDENT OF MOHALLA - NEW KARIMGANJ, P.S. - CIVIL LINE, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhanshu Shekhar, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 353, 188, 290, 283 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have raised slogans with banner and poster against CAA and NRC and made pressure upon the shopkeepers to keep their shops closed.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.85821 of 2023(2) dt.18-01-2024 2/2 general and omnibus in nature. The real fact is that the petitioner is a business man and he runs his shop at G.B. Road and on the alleged date and time, he was at his shop. The name of the petitioner has been transpired in the present case due to enmity. There was no loss done by the people involved in procession. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, as there is no specific overt act against the petitioner, 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 Kotwali P.S. Case No. 39 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T