Md Salabuddin @ Md Salahuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24169 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Md Salabuddin @ Md Salahuddin S/O Late Tabarak Hussain Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 2.

Md Amamuddin @ Md Imamuddin @ Imamuddin S/O Md. Salabuddin Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 3.

Md Hesamuddin @ Md. Hasamuddin S/O Md Salabuddin Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 4.

Md Haidar Ali S/O Late Abid Hussain Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 5.

Md Mabood Ali S/O Md Maksood Ali Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 6.

Md Akbar Ali @ Akbar Ali S/O Md Reyajuddin Resident Of VillageRamdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 7.

Md Azizur Rahman @ Azizur Rahman S/O Md Akbar Ali @ Akbar Ali Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 8.

Md Suhail Shamsher @ Suhail Shamsher @ Sohail Shamsher S/O Late Khursid @ Md Khursid Alam Resident Of Village-Ramdeo Chapra, Ramdih Chapra P.S. Ara Muffasil, District-Bhojpur Bihar 802312 9.

Danish @ Md Danish @ Shahbaj Ahmad @ Shahbaj Alam Md Mumtaz Resident Of Village-Chatar Kazichak, P.S.-Barhara, District-Bhojpur, Bihar802311 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajni Kant Jha For the Opposite Party/s :

Mr. Raj Kishor Singh :

Mr. Prem Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant. Learned counsel for the petitioners seeks permission to

Patna High Court CR. MISC. No.24169 of 2023(2) dt.07-07-2023 2/3 withdraw this application as against the petitioner no.2, as he has already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application as against the petitioner no.2 is dismissed as withdrawn.

Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.1, 3, 4, 5, 6, 7, 8 and 9 only.

Heard learned counsel for rest of the petitioners and learned APP for the State assisted by learned counsel for the informant.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 323, 341, 307, 379 and 504 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his son by means of lathi and danda. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.24169 of 2023(2) dt.07-07-2023 3/3 allegation against the petitioners. He submits that this case is only a counterblast of Ara Mufassil P.S. Case No.68/2023 lodged by Nasir Hussain against the informant and sixteen other accused persons. He further submits that petitioners have got no criminal antecedent except petitioner no.1 who have got one criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner nos.1, 3, 4, 5, 6, 7, 8, 9, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ara Muffasil P.S. Case No.76/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T