Md. Saijub @ Saijub @ Saiyub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46420 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- JOGBANI District- Araria ====================================================== Md. Saijub @ Saijub @ Saiyub son of Late Md. Jalil Village- Tihli Tola Mirganj W.No-23, Ps- Jogbani Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Vijay Kishore Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner apprehends arrest in Jogbani P.S. Case No. 02 of 2024, registered under Section 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, when the son of the informant had gone to collect the installment money from Md. Kaijum, all the accused persons including these petitioners abused and assaulted him. It is further alleged that the coaccused, Md. Kaijum gave knife blow on the neck of the informant's son due to which he sustained injuries and died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46420 of 2024(3) dt.30-08-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submitted that there is no specific allegation attributed towards the petitioner. The allegations levelled against the petitioner is general and omnibus in nature. The allegation of stabbing the neck of the deceased with a knife is against the co-accused Md. Kaijum. The petitioner has got no criminal antecedent.

5. Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jogbani P.S. Case No. 02 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T