Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32196 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Irfan Alam Son Of Nabi Alam 2.

Nasir Ali Son Of Alihussain both R/O Village- Pipra, P.S.- G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalan Kumar For the Opposite Party/s :

Mr. Lalan Kumar For the Informant Mr. Ajay Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners, informant and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections341, 323, 307, 147, 149, 504, 506 of the Indian Penal Code. The petitioners are said to have assaulted the informant by means of lathi and stick.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.32196 of 2021(5) dt.21-03-2022 2/2 case. He submits that there is case and counter between the parties and both sides have sustained injury. He submits that petitioner no. 1 is a student of Engineering College, Bhopal and petitioner no. 2 is a student of Diploma. He further submits that petitioner no. 2 has no criminal antecedent whereas petitioner no. 1 has one criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State and Informant oppose the prayer for bail and submit that injuries found upon the informant is grievous in nature.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with G.B. Nagar P.S. Case No. 293 of 2020. However, if the petitioners surrender before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below in accordance with law.

(Anjani Kumar Sharan, J) devendra/- U T