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Patna High CourtCR. MISC./6376/2022allowed

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

2022-09-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6376 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- ROH District- Nawada ====================================================== 1.

SARIM ALAM @ MD. SARIM ALAM S/o Md. Sagir Ansari R/o villageKoshi, Thana Road, P.S. and District- Nawada. 2.

ISTEKHAR @ LADAN @ MD. ISTEKHAR S/o Md. Sagir Ansari R/o village- Koshi, Thana Road, P.S. and District- Nawada. 3.

AKHTAR @ MD. AKHTAR @ AKHTAR KHAN S/o Md. Hasan R/o village- Koshi, Thana Road, P.S. and District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Roh P.S. Case No.64 of 2021, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

The petitioners and other co-accused persons are said to have assaulted the husband of the informant by means of sword, Garasa, Tangi, Khanti and iron rod causing injuries to him. The accused persons also assaulted the wife of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.6376 of 2022(4) dt.26-09-2022 2/2 application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. From perusal of the injury report, it appears that the injuries are simple in nature. It is also submitted that the parties are agnates and there is land dispute between them.

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

Taking into consideration the facts that there is case and counter case between the parties, both sides sustained injuries and there is admitted land dispute between the parties, 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, Nawada in connection with Roh P.S. Case No.64 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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