Md. Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64161 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== MD. SALAUDDIN son of Aasin Miyan Ward No-2, Ps- Chunni Po- Chunni Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Patla Kumari, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Chhatapur PS case no. 259 of 2022, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.

As per the First Information Report, on 11.07.2022, there was fight between members of two groups. Both the groups were using bows and arrows and also resorted to firing, in which, one Durga Mandal sustained injury by means of arrow. Altogether, 25 persons are named accused in the F.I.R. along with 50-60 unknown persons. The petitioner is stated to be the member of the second group having 10 persons.

4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.64161 of 2023(2) dt.19-10-2023 2/2 petitioner has not committed any offence, as alleged. It is further submitted that there was free fighting between two groups of the same village due to some land dispute. It is next submitted that the allegation against 25 named accused persons along with 50-60 unknown persons is general and omnibus in nature. Lastly, it is submitted that there is no specific allegation against the petitioner causing arrow injury to Durga Mandal.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature due to fighting between two groups regarding some land dispute, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Supaul in connection with Chhatapur PS case no. 259 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T