Md Hedayatullah @ Hidaytula v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35039 of 2024 Arising Out of PS. Case No.-179 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== Md Hedayatullah @ Hidaytula Son of Md. Faruk Resident of VillageBaggha, Anchal- Keoti, P.S- Kamtaul, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shah Nawaz Ali For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 1.

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, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Md. Khakhan threw a brunt cigarette on informant's grandson on which an altercation took place between them, thereafter it is alleged that the accused persons including the petitioner came variously armed and Najmul Hoda inflicted gandasa blow on the head of the informant causing injury on his head and eye thereafter Md. Mahtab and Md. Mahboob are

Patna High Court CR. MISC. No.35039 of 2024(2) dt.02-08-2024 2/3 alleged to have indiscriminately assaulted the informant by means of an iron rod and the accused persons also looted the house and ornament including cash of Rs. 4,000/-. 4.

Learned counsel for the petitioner submits that from perusal of allegation as alleged in the FIR, it would manifest that the specific allegation of assaulting the grandson of the informant and the informant is against Md. Khakhan, Md. Mahtab and Md. Mahboob. It is next submitted that as far as this petitioner is concerned, the allegation against him is general and omnibus in nature. It is also submitted that Md. Mahtab has been granted the privilege of anticipatory bail by an order dated 25-5-2023 in Cr. Misc No. 16351 of 2023.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kamtaul P.S. Case

Patna High Court CR. MISC. No.35039 of 2024(2) dt.02-08-2024 3/3 No. 179 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T