Abdul Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22444 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- ANGARH District- Purnia ====================================================== 1.

Abdul Salam, Son Of Md. Kasim R/O Village - Chandwar Kolha, Ward No. 6, P.S. Angarh, District - Purnea.

2.

Rizwan @ Md. Rijavana, Son Of Md. Kasim R/O Village - Chandwar Kolha, Ward No. 6, P.S. Angarh, District - Purnea. 3.

Shahjamal @ Md. Sahajamal, Son Of Md. Kasim R/O Village - Chandwar Kolha, Ward No. 6, P.S. Angarh, District - Purnea. 4.

Sahjahan @ Shahjahan, Son Of Md. Kasim R/O Village - Chandwar Kolha, Ward No. 6, P.S. Angarh, District - Purnea.

5.

Ismail @ Md. Ismael @ Md. Ismail, Son Of Md. Kasim R/O Village - Chandwar Kolha, Ward No. 6, P.S. Angarh, District - Purnea. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 354, 379, 504 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, the accused persons including the petitioners assaulted her husband

Patna High Court CR. MISC. No.22444 of 2022(2) dt.07-11-2022 2/3 causing injury on head and Abdul Kasim snatched her silver chain.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the occurrence is alleged to have taken place on account of dispute relating to land. It is also submitted that the allegation of assault is general and omnibus in nature. No doubt, during the course of investigation, it transpired that one of the injuries suffered by the injured is grievous in nature, but then, there is no specific allegation of assault. It is also submitted that similarly situated co-accused Abdul Kasim @ Abul Kasim and Md. Kasim has been granted anticipatory bail on 24.03.2022 in Cr. Misc. No.47501 of 2021.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Angarh P. S. Case

Patna High Court CR. MISC. No.22444 of 2022(2) dt.07-11-2022 3/3 No.06 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T