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Patna High CourtCR. MISC./17901/2022disposed

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

2022-09-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17901 of 2022 Arising Out of PS. Case No.-628 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== 1.

IMAM ALAM @ MD. IMAM ALAM S/o Israfil Mian Resident of Village - Shekhauna Math, Churiharwa Tola, P.S. - Bettiah Muffasil, Dist. - West Champaran.

2.

Tanjir Miyan @ Tanbir Miyan S/o Late Tajmul Miyan Resident of Village - Shekhauna Math, Churiharwa Tola, P.S. - Bettiah Muffasil, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleges that on account of dispute relating to passage, Imam Alam assaulted him with an iron dab causing injury on his head which is grievous in nature and thereafter the accused persons, including the petitioner no.2, also

Patna High Court CR. MISC. No.17901 of 2022(2) dt.23-09-2022 2/2 assaulted the mother of the informant.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is further submitted that on account of dispute relating to passage, the occurrence took place and the injuries suffered by the mother of the informant is simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah (M) P.S. Case No. 628 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T