Arman Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22945 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Arman Alam S/o Rajmohamad Miya R/o Madhomath, Bathua Bazar, P.s.- Phulwariya, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Phulwariya P.S. Case No. 26 of 2024 lodged on 20.01.2024, for the offence punishable under Sections 341, 323, 324, 307, 379, 354, 504 & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 11 named accused persons including the present petitioner against whom there is allegation that they have surrounded the informant and her husband with lathi, danda, knife and sharp edged weapon and brutally assaulted them due to which injury has been caused and the accused persons also assaulted other members of informant's side.

Patna High Court CR. MISC. No.22945 of 2025(2) dt.30-04-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that cause of dispute is completely otherwise. Counsel submits that the informant was initially solemnized marriage with Jamir Alam, but subsequently, went away with Ajay Kumar. It is due to this reason, the dispute occurred between Ajay Kumar and his associates on the one hand and Jamir Alam and his associates on the other. Counsel submits that there is case and counter case i.e. one case has been lodged from the petitioner's side bearing Phulwariya P.S. Case No.27 of 2024 and the present case has been lodged from the informant's side bearing Phulwariya P.S. Case No. 26 of 2024.

Counsel submits that the allegation has not been supported by the injury which is apparent from the rejection order passed by the Sessions Court in which it has been acknowledged that the injury to Vinod Kumar and Arun Kumar are simple in nature. Counsel submits that other accused persons have been granted bail by the Coordinate Bench of this Court vide order dated 03.10.2024 passed in Cr. Misc. No.66046 of 2024. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.22945 of 2025(2) dt.30-04-2025 3/3

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XVI, Gopalganj, in connection with Phulwariya P.S. Case No. 26 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T