Guddu @ Md. Guddu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43911 of 2022 Arising Out of PS. Case No.-110 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Guddu @ Md. Guddu Alam S/O Md. Wahid @ Wahid R/o- Hatgachhi, P.S.- Dagarua, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dagarua P.S. Case No. 110 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 307 and 507 of the Indian Penal Code and later on Section 302 of the I.P.C. The accused/petitioner is named in the F.I.R. and is in custody since 06.05.2022.

The allegation against the petitioner is to commit murder of the son of the informant, along with other co-accused persons, when on sudden scuffle developed during the course of

Patna High Court CR. MISC. No.43911 of 2022(2) dt.18-11-2022 2/3 panchayati arises out of previous enmity.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus. It is submitted that specific allegation to cause fatal head injury, by causing with iron Khanti, is available against co-accused, Hasnain. It is further submitted that similarly situated co-accused person has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 11031 of 2021 vide order dated 07.07.2021. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation against the petitioner is very much general and omnibus, rather same is available against co-accused, Hasnain, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dagarua P.S. Case No. 110

Patna High Court CR. MISC. No.43911 of 2022(2) dt.18-11-2022 3/3 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T