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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11161 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== 1.

Md. Irfan Alam @ Irfan Alam S/o Gayas Alam R/o Mohalla- Munni Masjid, P.S.- Civil Lines, District- Gaya 2.

Akram @ Akram Ahmad S/o Md. Anwar Resident of Samir Takiya, P.S.- Civil Lines, District- Gaya 3.

Md. Suhail Alam @ Suhail S/o Md. Sami Resident of Samir Takiya, P.S.- Civil Lines, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

18-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Civil Lines P.S. Case No. 139 of 2019 registered for the offence under Sections 147, 149, 323, 341, 504, 506, 353, 332, 354(A) of the Indian Penal Code. The prosecution case, in brief, is that on 24-03-2019 at about 8:00 PM, the informant, who is police personnel, reached near a thela and asked for some food, but it was not supplied to him. Thereafter, it is alleged that when informant again demanded food, then the shopkeeper became angry and he alongwith two other boys assaulted the informant by fist and

Patna High Court CR. MISC. No.11161 of 2020(2) dt.18-06-2020 2/3 slaps. Thereafter, the informant informed the police station, whereupon, patrolling party of Civil Lines P.S. came there and took away all three persons and informant to Civil Line. It is further alleged that after some time 20-30 supporters of shopkeeper reached police station and started creating nuisance. Thereafter, by force, they were ousted from there. It is submitted on behalf of petitioners that petitioners are innocent and they have falsely been implicated. In fact, the informant, who is a police personnel after taking food, was going without paying the cost of food and when petitioners demanded money, the informant got angry and assaulted them by fist and slaps. It is further submitted that petitioners have never misbehaved with the police personnel and they possess clean antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioners be enlarged on 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 Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 139 of 2019, subject to

Patna High Court CR. MISC. No.11161 of 2020(2) dt.18-06-2020 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T