Md. Akhtar @ Md. Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32193 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Md. Akhtar @ Md. Akhtar Hussain son of Alamat Ansari Village -Ahiro PS -Dhoraiya District -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Dhoraiya P.S. Case No.252 of 2024 registered for the alleged offences under Section 191(2), 190, 126(2), 115(2), 118(2), 109(1), 132, 223, 121(1), 352, 351(2) of the B.N.S.

03. As per prosecution case, the police received secret information about a fighting taking place between two groups in a village. The police party reached there and found two sides attacking each other with lathi, danda, firearms, bricks and stones. The police party somehow pacified the matter and in this process, the persons from both the sides entered into scuffle with the police team. Altogether 33 persons including this petitioner have been

Patna High Court CR. MISC. No.32193 of 2025(2) dt.21-05-2025 2/3 named in the FIR along with 20-25 unknown persons. A number of persons received injuries.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and has no involvement in the alleged occurrence. There is general and omnibus allegation against the petitioner and others and nothing specific has been attributed to him. No one sustained any injuries. A number of co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 12.11.2024 passed in Cr. Misc. No. 74087 of 2024, order dated 14.11.2024 passed in Cr. Misc. No. 75540 of 2024 and order dated 15.02.2025 passed in Cr. Misc. No. 88689 of 2024. The case of the petitioner is similarly placed. The petitioner is having no criminal antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. Learned A.P.P. submits that the petitioner was a part of one group and both sides were trying to disturb communal harmony and even attacked the police party.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the general and omnibus nature of allegation and also considering grant of anticipatory bail to a number of co-accused persons, let

Patna High Court CR. MISC. No.32193 of 2025(2) dt.21-05-2025 3/3 the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned C.J.M., Banka/court concerned in connection with Dhoraiya P.S. Case No.252 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Anuradha/- U T