Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30399 of 2021 Arising Out of PS. Case No.-318 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Firoz Alam Son Of Manjoor Resident Of Village- Asandimahuawa, P.S.- Kuchaikot, District- Gopalganj 2.

Afroj Alam @ Firoj Ali Son Of Ainul Haque Resident Of VillageAsandimahuawa, P.S.- Kuchaikot, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Singh For the Opposite Party/s :

Mr. AP.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2022 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 Kuchaikot P.S. Case no. 318 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 379, 427/34 of the Indian Penal Code and 27 of Arms Act.

As per allegation in the FIR, when the informant was returning by his motorcycle after collecting an amount of Rs.

Patna High Court CR. MISC. No.30399 of 2021(2) dt.14-02-2022 2/3 Fifty thousand, several accused persons including the petitioners shot fire which got miss. Co-accused Estekhar Alam assaulted the informant by means of Farsa on his hand.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. General and omnibus allegations have been levelled against the petitioners. There is admitted land dispute between the parties. All injuries received by the informant are simple in nature caused by sharp weapon and hard blunt object.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner no. 1, namely, Firoj set the motorcycle on fire.

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 Kuchaikot P.S. Case no. 318 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 amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.30399 of 2021(2) dt.14-02-2022 3/3 Magistrate, VII Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T