Md. Salman @ Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54851 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Md. Salman @ Salman, Son Of Ajmul, Resident Of Village- Chhitahi, Ward No. 10, P.S. Bhaptiyahi, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey,,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhaptiyahi P.S. Case No. 173 of 2022 dated 17.12.2022 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 307 and 302 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that in the present matter altogether 20 persons including the petitioner have been named in the FIR and informant's son is stated to have succumbed to his injuries but against the petitioner, there is no specific allegation and he is simply alleged to be a member of the mob and the main allegation of inflicting sword and farsa blows at the informant and his son is against co-accused persons, namely

Patna High Court CR. MISC. No.54851 of 2023(2) dt.23-08-2023 2/2 Ajmul and Karmul and the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the main allegation of inflicting sword and farsa blows at the victims is against co-accused Ajmul and Karmul and there is no specific allegation against this petitioner and he is simply stated to be a member of the mob and he has fair and clean antecedent, in my opinion, in the said circumstances, petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bhaptiyahi P.S. Case No. 173 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T