Md. Shahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24421 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Md. Shahid Alam Son Of Ajikur Rahman Resident Of Village - Raiyanpur, P.S. - Balia Belone, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Balia Belone P.S. Case No. 144 of 2023 dated 09.11.2023, instituted for the offence punishable under Sections 341, 323, 307, 354, 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that, he assaulted with spade on the head of the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is a case and counter case between the parties vide Kadwa P.S. Case No. 254 of 2023 dated 10.11.2023 lodged by petitioner against the informant for

Patna High Court CR. MISC. No.24421 of 2024(2) dt.01-05-2024 2/2 offences punishable under Sections 341, 323, 308, 385, 504, 506 and 34 of the Indian Penal Code. It is further stated that there is no allegation of repetition of spade blow by the petitioner on the informant. It is further stated that the injury received by the informant is found to be simple in nature caused by hard and blunt substance. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Balia Belone P.S. Case No. 144 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T