Salauddin Miyan @ Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88797 of 2024 Arising Out of PS. Case No.-421 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Salauddin Miyan @ Salauddin Son of Late Shekh Naimuddin Resident of village and Post- Mohiuddinpur, PS- Siwan Muffasil, Distt.- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Sager Sharma For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Majhagarh P.S. Case No. 421/2023 registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. As per prosecution case, there is allegation against the petitioner who is said to have assaulted the informant's son by means of iron rod on his face.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. The petitioner is not resident of village where the occurrence has taken place rather his residence is in different district. The petitioner has been falsely implicated in this case just because

Patna High Court CR. MISC. No.88797 of 2024(3) dt.08-05-2025 2/2 co-accused persons are relative of the petitioner. He further submits that the injury sustained by the victim is simple in nature and there is no allegation of repetition blow of assault against the petitioner. There is no any intention to commit said occurrence so as to constitute the offence under Section 307 of the I.P.C.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gopalganj in connection with Majhagarh P.S. Case No. 421/2023, subject to the conditions as laid down under Section 482(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T