SAFDAR HUSSAIN @ MD. SAFDAR HUSSAIN @ MD SAFDAR v. The State of Bihar Bihar
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Anil Prasad Singh Mr. Rajendra Singh 4 25-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 25(1-b) a/26/35 of the Indian Penal Code.
The prosecution case is that, the petitioner, who is also the informant of the present case, saw one Md. Arfin, with whom he has enimical relation as he protested for selling intoxicant medicine. Md. Arfin ordered to shoot him and two persons pointed pistol on him. In the meantime, several persons came and surrounded all the three persons and nabbed them with pistol, then informed police.
It is submitted by learned counsel for the petitioner that Patna High Court CR. MISC. No.19758 of 2023(4) dt.25-07-2023 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner is the informant of the present case. He submits that from the perusal of the FIR, it appears that neither the petitioner nabbed the accused persons nor produced any arms to the police. He further submits that as the miscreants surrounded the petitioner and one of them pointed pistol on him, then the police insisted him to become informant and got his signature on seizure list. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner and the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his/her 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 Patna High Court CR. MISC. No.19758 of 2023(4) dt.25-07-2023 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Araria P.S. Case No.377 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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