Sanfaraj @ Sanfaraj Alam @ Md. Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24708 of 2020 Arising Out of PS. Case No.-385 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.

Sanfaraj @ Sanfaraj Alam @ Md. Sarfaraj Alam S/o Md Daud Resident of Village- Ninga, West Tola, P.S.- Barauni, Distt- Begusarai. 2.

Md. Gulfaraj S/o Md Daud Resident of Village- Ninga, West Tola, P.S.- Barauni, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barauni P.S. Case No.385 of 2019, registered under sections 307, 147, 148, 149, 341, 323, 324 and 504 of the Indian Penal Code.

As per allegation in the F.I.R., the ten named accused persons including two petitioners herein are stated to have assaulted the informant and others. It is further stated that the two petitioners assaulted the son and son-in-law of the informant causing serous injuries.

Patna High Court CR. MISC. No.24708 of 2020(2) dt.14-10-2020 2/3 It is submitted by learned counsels that the allegations levelled in the F.I.R. are false and concocted. The occurrence has not taken place in the manner alleged instead the correct version has been stated in the F.I.R. lodged against the informants side of the present case which is Annexure-2 to the petition.

It is further submitted that the injury report as also supplementary injury reports of both the son and son-in-law of the informant have been brought on record as Annexure-3 series to the petition from which it would be evident that the injuries in the opinion of the doctor, are simple in nature. The petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and and taking into consideration the submissions made on behalf of the petitioners, there being case and counter case between the parties and the injury reports brought on record, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Barauni P.S. Case No.385 of 2019, they will be

Patna High Court CR. MISC. No.24708 of 2020(2) dt.14-10-2020 3/3 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 the learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T