Md. Saifullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11008 of 2024 Arising Out of PS. Case No.-87 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Md. Saifullah Khan son of Md. Asgar Ali Khan Vill- Moramardana PsMagadh University Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with M.U. P.S. Case No. 87 of 2020 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 379, 354, 427 of the Indian Penal Code.

3. As per prosecution case, petitioner and others are said to have assaulted the informant and her associates with deadly weapon.

4. Learned counsel for the petitioner submits that Jauhar Khan and others have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 74690 of 2022 and the on the principle of

Patna High Court CR. MISC. No.11008 of 2024(2) dt.11-03-2024 2/3 parity, petitioner also deserves bail. He further submits that there is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. He further submits that the specific allegation is against co-accused Rinku Khan and Bholu Khan, who are said to have assaulted Haider Khan and Kaif Khan, respectively. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, co-accused have already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist, Gaya in connection with MU P.S. Case No. 87 of 2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.11008 of 2024(2) dt.11-03-2024 3/3 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T