Kutubddin Khan @ Chhote Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15531 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -HUSAINGANJ District- SIWAN ====================================================== Kutubddin Khan @ Chhote Mukhiya Son of Late Shahban Khan, Resident of Village - Tetaria, P.S. - Hussainganj, District - Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramadhar Shekhar, Advocate For the Opposite Party : Mr. T.P.Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Hussainganj P.S. Case No.36 of 2016 for the offences instituted under Sections 341, 323, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that one Satendra Gond (informant) gave his statement before the police stating therein that on 16.2.2016 at 11.00 A.M. he came back from the call of nature, in the meantime, some miscreants were standing on the Tikri bridge who were asking the name and address of the persons because on 15.2.2016 there was quarrel between the villagers of Pratappur and Tikri with regard to killing cow and

Patna High Court Cr.Misc. No.15531 of 2016 (2) dt.03-05-2016 2/2 after seeing the people coming from his village, they were started to indiscriminate firing then the informant and others trying to flee away and saw the petitioner who was coming from Scarpio and instigated to kill.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. No specific injury has been attributed against the petitioner. General and omnibus allegation has been made.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No.36 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T