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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24199 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== 1.

AFTAB ALAM @ MD. AFTAB ALAM SON OF JAFARLUDDIN GADDI RESIDENT OF VILLAGE- BHATWALIYA, P.S. BAIRIYA, DISTRICTWEST CHAMPARAN 2.

ANJAR GADDI SON OF UGER GADDI @ WAJIR GADDI RESIDENT OF VILLAGE- BHATWALIYA, P.S. BAIRIYA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bairiya P.S. Case no. 386 of 2020 instituted for the offence punishable under Sections 147, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.24199 of 2021(2) dt.17-01-2022 2/3 As per allegation in the FIR, when the informant was at his door, some accused persons including the petitioners came there and started abusing and assaulting to the informant. Petitioner no. 2 has assaulted the informant by sword causing head injury. When his uncle and brother came there for rescue, they were also beaten up by the accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have falsely been implicated in this case. General and omnibus allegations have been levelled against them. Both parties have received injuries. There is case and counter case. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bairiya P.S. Case no. 386 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.24199 of 2021(2) dt.17-01-2022 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, West Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U