Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5293 of 2022 Arising Out of PS. Case No.-85 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Md. Alam S/o- Md. Tasalim @ Md. Taslim Resident of VillageHathiaundha Motichak, P.S.- Bihariganj, District- Madhepura. 2.

Md. Wakil @ Md. Vakil S/o Late Md. Vajir @ Late Md. Wajir Resident of Village- Hathiaundha Motichak, P.S.- Bihariganj, District- Madhepura. 3.

Md. Wasil @ Md. Vashil S/o Late Md. Vajid @ Late Md. Vajir Resident of Village- Hathiaundha Motichak, P.S.- Bihariganj, District- Madhepura. 4.

Md. Firoz @ Md. Firoj S/o- Md. Wasil @ Md. Vashil Resident of VillageHathiaundha Motichak, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Bihariganj P.S. Case No.85 of 2020, registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

The petitioners along with other co-accused persons are said to have assaulted the informant and her family members. It is also alleged that the accused persons have snatched cash of Rs.5000/- from the husband of the informant

Patna High Court CR. MISC. No.5293 of 2022(2) dt.26-07-2022 2/3 and nosepin from the informant.

Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. The injuries are simple in nature. It is also submitted that the occurrence took place on 30.03.2020, but the FIR was lodged on 02.04.2020, after delay of two days. It is lastly submitted that petitioners no.1 and 4 have one criminal antecedent and petitioners no.2 and 3 have got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that there is delay in lodging the FIR, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, District Madhepura in connection with Bihariganj P.S. Case No.85 of 2020, subject to the conditions

Patna High Court CR. MISC. No.5293 of 2022(2) dt.26-07-2022 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T