Md. Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9857 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- KUNAULI District- Supaul ====================================================== 1.

MD. ALAUDDIN Son of Late Tajij Miya Resident of Kamalpur, Ward No. 09, P.S.- Kunauli (Dagmara O.P.) and District- Supaul. 2.

Md. Saddam @ Saddam Hussain Son of Late Sudin Miya Resident of Kamalpur, Ward No. 09, P.S.- Kunauli (Dagmara O.P.) and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Md. Najmul Hoda, the learned counsel for the petitioners and the learned APP for the State.

Mr. Hoda, seeks permission to withdraw the petition with respect to the petitioner no. 1, who has been arrested during the pendency of this petition. The petition with respect to the petitioner no. 1/Md. Alauddin is dismissed as having become infructuous.

Patna High Court CR. MISC. No.9857 of 2021(2) dt.20-12-2021 2/3 The petitioner no. 2 seeks bail in anticipation of his arrest in connection with Kunauli P.S. Case No. 52/2020 instituted for the offences under Sections 147, 149, 323, 341, 325, 307, 384, 379, 504 and 506 of the Indian Penal Code.

The petitioner no. 2 along with others is said to have assaulted the informant who later died. However, the charge-sheet in this case has not been submitted under Section 302 of the Indian Penal Code.

The petitioner is, in a general manner, alleged to have assaulted the deceased as also his sister-in-law who had come to his rescue.

Considering the nature of accusation against the petitioner no. 2, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail of the petitioner no. 2 is rejected.

However, if he surrenders before the Court below and seeks bail, that petition shall be considered on

Patna High Court CR. MISC. No.9857 of 2021(2) dt.20-12-2021 3/3 its own merits without being prejudiced by the fact that the present petition for grant of anticipatory bail has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T