Md. Anjam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4585 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- Salmari District- Katihar ====================================================== 1.
Md. Anjam S/O Late Niyajuddin Resident of Village- Teghra, P.S.- Salmaree, Dist.- Katihar 2.
Anjar Alam @ Md. Anjar S/O Late Niyajuddin Resident of Village- Teghra, P.S.- Salmaree, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P.
For the Informant :
Mr. Ranjeet Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118, 109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, as per F.I.R., is that, on 27.7.2024, when informant was fencing his land, in the meantime, all the F.I.R. named accused persons including these petitioners, variously armed, verbally abused the informant and when informant objected, petitioner no. 1 pushed him down and
Patna High Court CR. MISC. No.4585 of 2025(2) dt.24-02-2025 2/3 pressed his neck and thereafter, other accused persons assaulted him.
4. Learned counsel for the petitioners submits that allegation against petitioners is general and omnibus and no specific overt act is alleged against them. Specific accusation of assault is against other accused persons. As a matter of fact, informant was fencing his land and dispute arose between the parties which led to the alleged occurrence in which both sides sustained injuries. Case and counter case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed.
7. Let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Salmari P. S. Case No. 50 of 204, subject to condition as laid down under Section
Patna High Court CR. MISC. No.4585 of 2025(2) dt.24-02-2025 3/3 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T