Sibu Alam @ Ehateshamuddin @ Ehatshamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9597 of 2020 Arising Out of PS. Case No.-86 Year-2019 Thana- THAWE District- Gopalganj ====================================================== SIBU ALAM @ EHATESHAMUDDIN @ EHATSHAMUDDIN S/o Ali Asgar @ Ali Asgar Ansari R/o Village-Narayanpur Tola Singhpur, P.S.- Thawe, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhayachal Singh, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 427, 307, 354, 504, 506/34 of the Indian Penal Code. As per prosecution case, the informant was watching mango fruit in the meantime his agnate Azgar Ali, Sibu Alam, Nazama Aara, Sukhiya armed with lathi, danda and iron rod came and began to pluck the mango fruit and when he objected, then Azgar Ali began to abuse and gave order to kill him, upon this Sibu Alam (petitioner) assaulted him with iron rod due to which he received injury and others also assaulted him and when Natni Arfin Khatoon came to rescue him, then Nazama Aala and Sukhiya Khatoon assaulted her and on hearing Hulla

Patna High Court CR. MISC. No.9597 of 2020(2) dt.18-06-2020 2/2 villagers came and saved his life.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to village politics. He submits that there is case and counter case between the parties. He submits that actually informant assaulted the petitioner and his family and petitioner's family received serious injury for which earlier FIR has already been lodged i.e. Thawe P.S. Case No. 82 of 2019. The injury of the petitioner is grievous in nature.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe Police Station Case No. 86 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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