Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24485 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- ARRABARI District- Kishanganj ====================================================== Noor Alam Son of Late Mujammil Haque Resident of village - Keshojhara Ward No.- 12, P.S.- Arrabari, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Arrabari P.S. Case No. 24 of 2024, registered under Sections 190, 191(2), 191(3), 126(2), 115(2), 109(1), 351(2) of the Bhartiya Nyaya Sanhita.

3. Prosecution case in short is that the informant reported a land dispute on 28.11.2024. Therefore the land was peacefully measured by Anchal Amin and Mukhiya Jamil. Around 4 P.M., a verbal altercation escalated involving the accused persons including the petitioner. The petitioner is alleged to have assaulted the informant's father with a hammer, causing him to fall and suffer head injuries. It is further alleged that the informant and his brother Abdullah Karim intervened and they

Patna High Court CR. MISC. No.24485 of 2025(2) dt.06-05-2025 2/3 were also assaulted and Md. Jamil was also assaulted. Injured persons were taken to Crisis Hospital, Kishanganj.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further alleged that the petitioner has a clean antecedent. He further submits that the informant and the accused persons are Gotia, they are neighbours and co-villagers and he has been implicated in the present case simply there was previous land dispute with regard to Rasta. The petitioner further asserts that although the allegation against him is of asserting with hammer on head but the injury report suggest that the injury is simple in nature. In these circumstances, he prays for grant of anticipatory bail.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances and particularly taking note of the fact that injury is simple in nature and petitioner has clean antecedent and also the fact that it is admitted in the F.I.R. that there was land dispute between the parties, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, named above, in the event of

Patna High Court CR. MISC. No.24485 of 2025(2) dt.06-05-2025 3/3 his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like each amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Arrabari P.S. Case No. 24 of 2024, subject to the condition laid down under Section 482 of the Bhartiya Nyaya Sanhita. (Alok Kumar Sinha, J) sanjeev/- U T