Md. Asif Alam @ Md. Asif Alam Khan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39933 of 2014 Arising Out of PS.Case No. -248 Year- 2013 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Md. Asif Alam @ Md. Asif Alam Khan nil Resident of VillageKabirpur, P.S., Lalmatia Nathnagar, District- Bhagalpur.
2. Md. Shakib Khan @ Chotu, S/o Md. Husnain Khan Resident of VillageKabirpur, P.S., Lalmatia Nathnagar, District- Bhagalpur.
3. Md. Irfan Khan S/o Md. Husnain Khan Resident of Village- Kabirpur, P.S., Lalmatia Nathnagar, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-07-2015 Petitioner no. 1 apprehends his arrest in connection with Nathnagar Lalmatia P.S. Case No. 248 of 2013 registered under Sections 341, 323, 307, 385, 379, 504 and 506/34 of the Indian Penal Code.
It appears from the previous order that two other petitioners (petitioner nos. 2 and 3) of the present case have already been directed to be released on anticipatory bail. The consideration of the case of petitioner no. 1 was deferred. The allegation is that the accused persons armed with weapons came to the land of the informant and obstructed in construction of a tank/toilet. They demanded rangdari amount from him. Further allegation is that the petitioner no. 1, wielding
Patna High Court Cr.Misc. No.39933 of 2014 (4) dt.30-07-2015 2/2 an iron rod, assaulted the informant on the head and other parts of the body.
From the impugned order, it appears that petitioner no. 1 took the defence that the allegation was concocted. There is land dispute between the parties. From the injury report annexed to the bail application it appears the informant did receive injury on the head. One of them was fractured injury. In my view, the petitioner no. 1 does not deserve privilege of anticipatory bail. Prayer is, accordingly, refused. (Kishore Kumar Mandal, J) Pankaj/- U T