Md. Irfan @ Md. Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15283 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

MD. IRFAN @ MD. IRFAN ALAM Son of Late Ekramul Haq @ Ekram Husain Resident of Village - Lakshminiya, P.S. - Triveniganj, District - Supaul.

2.

Md. Saddam @ Md. Saddam Alam @ Saddam Husain Son of Misarul Alam Resident of Village - Lakshminiya, P.S. - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Triveniganj P.S. Case No. 106 of 2020 instituted for the offences under Sections 147, 149, 341, 323, 325, 308, 379 and 504 of the Indian Penal Code.

The petitioner no. 1 is said to have dashed the informant on the ground whereas the petitioner no. 2 is said

Patna High Court CR. MISC. No.15283 of 2021(2) dt.04-01-2022 2/3 to have exhorted his associates to assault the members of the prosecution party. Three persons are said to have been injured in the occurrence, one of whom has received one grievous injury. However, the petitioners are not stated to be the authors of any injury on anyone of the victims. On the contrary, the learned counsel for the petitioner has argued that there is a counter version of the occurrence in which two of the persons from the side of the petitioners have been injured. Nineteen persons have been made accused in this case including the petitioners but so far as the actual overt act is concerned, it is non - existent.

Regard being had to the background facts and that the petitioners are not the authors of any injury, much less any grievous injury, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.15283 of 2021(2) dt.04-01-2022 3/3 connection with Triveniganj P.S. Case No. 106 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T