IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5050 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- Salmari District- Katihar ====================================================== 1. Md. Soyeb @ Md. Soyeb Alam S/O Md. Moem @ Md. Mohim Alam Resident of Village - Teghra, P.S- Salmaree, Dist- Katihar. 2. Md. Jamshed @ Md. Jamshed Alam @ Jamshed S/O Md. Moem @ Md. Mohim Alam Resident of Village - Teghra, P.S- Salmaree, Dist- Katihar. 3. Md. Abzal @ Md. Afjal Hussain @ Md. Avzal S/O Md. Moem @ Md. Mohim Alam Resident of Village - Teghra, P.S- Salmaree, Dist- Katihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Bhola Prasad, Advocate For the State : Mr. Nitya Nand Tiwary, APP For the Informant : Mr. Ranjeet Choubey, Advocate Mr Jainandna Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-02-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118, 109, 303(2), 352 and 3(5) of the B.N.S.. 3. As per prosecution case, on 27.07.2024 while informant was fencing his land in the meantime, all the F.I.R. named accused persons, including these petitioners, reached there and started abusing him. It is further alleged that co- accused Md. Azjam pressed his throat and co-accused Akbar assaulted him by menas of iron rod causing head injury. When Patna High Court CR. MISC. No.5050 of 2025(2) dt.25-02-2025 2/3 father of informant intervened, co-accused Moen attacked him axe and co-accused Shahid assaulted him with lathi. When brother of informant came to rescue them, he was also assaulted by co-accused Abdul Rauf by means of Garasa. It is further alleged that during the altercation, Petitioner No. 1 snatched Rs. 2,000/- cash from informant and Petitioner Nos. 2 and 3 took his gold chain. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against other accused persons. So far as these petitioners are concerned, there are general and omnibus allegations and there is no specific accusation of overt act. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within Patna High Court CR. MISC. No.5050 of 2025(2) dt.25-02-2025 3/3 a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Salmari P.S. Case No. 50 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T