Md. Johar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14487 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- ABADPUR District- Katihar ====================================================== 1.

MD. JOHAR ALAM Son of Late Ibrahim Resident of Village- Bariol, P.S.- Abadpur, District- Katihar.

2.

Alauddin @ Md. Alauddin Son of Late Ibrahim Resident of Village- Bariol, P.S.- Abadpur, District- Katihar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Abadpur P.S. Case No. 102 of 2020 registered for the offence under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code. Allegedly, the petitioners armed with deadly weapons came and hit the informant's head with sickle, due to which, he sustained injury. The second blow of the sickle injured his thumb. When his family members came to rescue the informant, they were also assaulted.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.14487 of 2021(2) dt.24-02-2022 2/2 petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Prior to institution of the present case, a case vide Annexure-2 to this petition, has been lodged by the petitioners' side against the informant and others. The present case is nothing but the counter blast of the case instituted by the accused persons. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Katihar in connection with Abadpur P.S. Case No. 102 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T